Chapter 3 – Legislation and guidance
Legislation and planning policy
The issue of light pollution was introduced within the Clean Neighbourhoods and Environment Act 2005 (CNEA) as a form of statutory nuisance under the Environmental Protection Act (the ‘EPA’, 1990), which was amended in 2006 to include the following nuisance definition:
- “(fb) artificial light emitted from premises so as to be prejudicial to health or nuisance.”
The CNEA does not recommend how to control light pollution. Further guidance is given on the Government website [See reference [i]] which specifically points to Department for Environment Food and Rural Affairs (Defra) for further guidance (no longer available online). Considerations on what constitutes artificial lighting nuisance are provided by Defra [See reference [ii]]; providing guidance to councils on how to deal with complaints.
Although light was described as having the potential to cause statutory nuisance (see also the Statutory Nuisance Statement (Document Ref. 5.9)), no prescriptive limits or rules were set for impact assessment purposes. Guidance Notes for the Reduction of Obtrusive Light produced by the Institution of Lighting Professionals [See reference [iii]] have therefore been referred to for the purposes of this document.
Guidance produced on Section 101 to Section 103 of the Clean Neighbourhoods and Environment Act 2005 [See reference [iv]] places a duty on local authorities to ensure that their areas are checked periodically for existing and potential sources of statutory nuisances – including nuisances arising from artificial lighting. Local authorities must take reasonable steps to investigate complaints of such nuisances from artificial light. Once satisfied that a statutory nuisance exists, or may occur or reoccur, local authorities must issue an abatement notice (in accordance with Section 80(2) of the EPA 1990), requiring that the nuisance cease or be abated within a set timescale.
It is a requirement of the Conservation of Habitats and Species Regulations 2017 [See reference [v]] (as amended) (‘the Habitats Regulations’) that plans and projects are subject to an Appropriate Assessment if it is likely that they will lead to significant adverse effects on a Natura 2000 site (the collective name for European designated sites). Impacts from lighting are also relevant to the Habitats Regulations Assessment (HRA).
National Planning Policy
The NPPF (2023) states in paragraph 185 that planning policies and decisions should ensure that new development is appropriate for its location taking into account the likely effects (including cumulative effects) of pollution on health, living conditions and the natural environment, as well as the potential sensitivity of the site or the wider area to impacts that could arise from the development. In doing so they should:
- “limit the impact of light pollution from artificial light on local amenity, intrinsically dark landscapes and nature conservation.”
Local planning policy
Local authority (South Oxfordshire [See reference [i]] and Vale of White Horse [See reference [ii]]) policies and landscape evidence should be referred to when developing any exterior lighting scheme.
Existing policies relevant to lighting in the adopted South Oxfordshire Local Plan include:
- Objective 8 Climate Change
- Policy STRAT 10: Berinsfield Garden Village – specifically requests of smart street lighting that avoids night sky light pollution.
- Policy ENV11: Pollution – Impact from Existing and/or Previous Land Uses on New Development (Potential Receptors of Pollution)
- Policy ENV12: Pollution – Impact of Development on Human Health, the Natural Environment and/or Local Amenity (Potential Sources of Pollution)
- Policy DES6: Residential Amenity
- Policy DES7: Efficient Use of Resources
Existing policies in the adopted Vale of White Horse Local Plan include:
- Part 1 Core Policy:
- 37: Design and Local Distinctiveness.
- 44: Landscape
- Part 2 Development Policy:
- 21: External Lighting
- 22: Advertisements
When the Joint Local Plan is adopted with its new policies on light pollution, this will supersede the current adopted Local Plans for South Oxfordshire and Vale of White Horse.
Policies within Neighbourhood Plans (true as of November 2023) in the districts that relate to lighting/light pollution include:
- South Oxfordshire:
- Culham Neighbourhood Plan – CUL10 Light Pollution [See reference [iii]]
- Dorchester-on-Thames Neighbourhood Development Plan – DoT14 Peace and Tranquillity [See reference [iv]]
- East Hagbourne Neighbourhood Development Plan – Policy VC6 Lighting [See reference [v]]
- Goring Neighbourhood Plan – Policy.13 – Light Pollution [See reference [vi]]
- Shiplake NDP Neighbourhood Plan – Policy SV12 – Dark Skies and Lighting [See reference [vii]]
- Tiddington-with-Albury NDP Neighbourhood Plan – Policy TwA11: Dark Skies [See reference [viii]]
- Wallingford NDP Neighbourhood Plan – Policy HD5: Avoidance of Light Pollution [See reference [ix]]
- Woodcote Neighbourhood Plan – Policy D2: Light Pollution [See reference [x]]
- Vale of White Horse
- Ashbury NDP Parish Neighbourhood Plan – Policy 3- Dark Night Skies [See reference [xi]]
- Blewbury NDP Neighbourhood Development Plan – Policy P8- Amenity: New Development [See reference [xii]]
- Chilton NDP Neighbourhood Development Plan – Policy P7: Avoidance of unnecessary light pollution [See reference [xiii]]
- Uffington and Baulking NDP Neighbourhood Plan – Policy D6: Dark skies [See reference [xiv]]
The South Oxfordshire and Vale of White Horse Joint Design Guide which is adopted as a Supplementary Planning Document (SPD) can be used as a material consideration in planning decisions.
Statutory management plans for National Landscapes (formerly AONBs)
The statutory management plans for the two National Landscapes (formerly AONBs) within the district can be used as a material consideration in planning decisions.
The Chilterns AONB Management Plan [See reference [xv]], which contains Policies DP8 and DP15 on lighting.
The North Wessex Downs AONB Management Plan (2019-2024) [See reference [xvi]] which includes Chapter 7 on lighting for development. The North Wessex Downs AONB Position Statement on Dark Skies and Artificial Light [See reference [xvii]] has been formally approved by the Council of Partners including all the constituent local authorities. This guidance forms an extension of the principles laid out within the North Wessex Downs AONB Management Plan.
[i] South Oxfordshire District Council (2020) ‘South Oxfordshire Local Plan 2035’ – https://www.southoxon.gov.uk/south-oxfordshire-district-council/planning-and-development/local-plan-and-planning-policies/local-plan-2035/adopted-local-plan-2035/
[ii] Vale of White Horse District Council (2016, 2019) ‘Local Plan 2031’ – https://www.whitehorsedc.gov.uk/vale-of-white-horse-district-council/planning-and-development/local-plan-and-planning-policies/local-plan-2031/
[iii] Culham Parish Council (2023) ‘Culham Neighbourhood Plan 2020-2041’ – https://www.southoxon.gov.uk/wp-content/uploads/sites/2/2023/03/Culham-NP-Referendum-Version.pdf
[iv] Dorchester-on-Thames Parish Council (2018) ‘Neighbourhood Development Plan 2017 to 2033’ – https://www.southoxon.gov.uk/wp-content/uploads/sites/2/2020/10/Made-Dorchester-NDP.pdf
[v] East Hagbourne Parish Council (2019, 2023) ‘East Hagbourne Neighbourhood Development Plan 2018 to 2033’ – https://www.southoxon.gov.uk/wp-content/uploads/sites/2/2023/08/EHNP_updated-draft-text_20230614.pdf
[vi] Goring-on-Thames Parish Council (2019) ‘Goring Neighbourhood Plan’ – https://www.southoxon.gov.uk/wp-content/uploads/sites/2/2020/10/2019-10-28-Goring-NP-made-version-compressed.pdf
[vii] Shiplake Parish Council (2022) ‘Shiplake Neighbourhood Plan 2011-2035 Vol 1’ – https://www.southoxon.gov.uk/wp-content/uploads/sites/2/2022/06/Referendum-version-Vol-1-NP-05-06-22-final-reduced.pdf
[viii] Tiddington-with-Albury Parish Council (2023) ‘Tiddington-with-Albury Neighbourhood Plan 2016-2035 Referendum Plan’ – https://www.southoxon.gov.uk/wp-content/uploads/sites/2/2023/03/Tiddington-referendum-version-final.pdf
[ix] Wallingford Neighbourhood Plan Steering Group (2021) ‘Wallingford Neighbourhood Plan Adopted Version’ – https://www.southoxon.gov.uk/wp-content/uploads/sites/2/2021/07/Wallingford-NP-Adopted-Version-160721.pdf
[x] Woodcote Parish Council (2022) ‘Woodcote Neighbourhood Plan 2013-2035’ – https://www.southoxon.gov.uk/wp-content/uploads/sites/2/2022/08/NP2-Referendum-Version-1.pdf
[xi] Ashbury Neighbourhood Plan Steering Group (2019) ‘Ashbury Parish Neighbourhood Plan 2018-2031) – https://www.whitehorsedc.gov.uk/wp-content/uploads/sites/3/2022/05/Ashbury-NDP-made-version.pdf
[xii] Blewbury Parish Council (2016) ‘Blewbury Neighbourhood Development Plan 2016-2031 Referendum Version’ – https://www.whitehorsedc.gov.uk/wp-content/uploads/sites/3/2019/07/Blewbury-NDP_Plan_Ref_2016-10-05.pdf
[xiii] Chilton Neighbourhood Plan Steering Group (c. 2021) ‘Chilton Neighbourhood Development Plan 2021 to 2031’ – https://www.whitehorsedc.gov.uk/wp-content/uploads/sites/3/2021/07/Chilton-Plan-Final-for-Referendum.pdf
[xiv] Uffington Parish Council and Baulking Parish Meeting (2019) ‘Uffington and Baulking Neighbourhood Plan 2011-2031’ – https://www.whitehorsedc.gov.uk/wp-content/uploads/sites/3/2020/10/Uffington-and-Baulking-NP-V41-Final-Version.pdf
[xv] Chilterns Conservation Board (2019) ‘Chilterns Area of Outstanding Natural Beauty Management Plan 2019-2024’ – https://www.chilternsaonb.org/what-we-do/future-proofing-the-chilterns/management-plan/
[xvi] North Wessex Downs Area of Outstanding Natural Beauty (2019) ‘North Wessex Downs Area of Outstanding Natural Beauty Management Plan 2019-2024’ – https://www.northwessexdowns.org.uk/our-work/management-plan/
[xvii] North Wessex Downs Area of Outstanding Natural Beauty (2021) ‘North Wessex Downs AONB Position Statement Dark Skies & Artificial Light’ – https://www.northwessexdowns.org.uk/wp-content/uploads/2021/11/Position-Statement-on-Dark-Skies-and-Artificial-Light-Final.pdf
[i] Ministry of Housing, Communities and Local Government (2014, 2019) ‘Guidance: Light pollution – Advises on how to consider light within the planning system.’ – https://www.gov.uk/guidance/light-pollution#how-much-light-shines
[ii] Department for Environment, Food & Rural Affairs (2015) ‘Guidance: Artificial light nuisances: how councils deal with complaints’ – https://www.gov.uk/guidance/artificial-light-nuisances-how-councils-deal-with-complaints#what-can-cause-artificial-light-nuisances%E2%80%99
[iii] Institution of Lighting Professionals (2021) ‘GN01/21 Guidance Notes for the Reduction of Obtrusive Light’ – https://theilp.org.uk/publication/guidance-note-1-for-the-reduction-of-obtrusive-light-2021/
[iv] Clean Neighbourhoods and Environment Act 2005 c. 16 – https://www.legislation.gov.uk/ukpga/2005/16/part/9/crossheading/statutory-nuisances
[v] The Conservation of Habitats and Species Regulations 2017 (SA 2017/1012) – https://www.legislation.gov.uk/uksi/2017/1012/contents/made
Relevant lighting standards and guidance
A number of publications lay down the best practice and guidance on providing sufficient and appropriate lighting. These tend to fall into two categories:
- Commission Internationale de l’Eclairage (International Commission on Illumination) (CIE), British, European (BS EN) and other documents which offer guidance on lighting levels required for a safe and secure site for end users.
- Light Pollution guidance which is there to ensure that any lighting installed is designed to minimise the impact on sensitive receptors.
Below are just a few examples of documents that may be relevant when designing lights for the external environment. The important point to note is that a suitably qualified lighting designer should always be consulted to ensure the correct and current standards and guidance are referenced. For more details please also refer to Appendix A.
Thought should also be given to the impact of light spill from buildings.
Please note that not all guidance listed in the next sections are freely accessible.
General light pollution guidance
International guidance
Commission Internationale De L’Eclairage (CIE) 150 [See reference [i]]: Guide on the Limitation of the Effects of Obtrusive Light from Outdoor Lighting Installations (the ‘CIE 150’, 2017 2nd edition). The purpose of CIE 150 is to aid in formulating guidelines for assessing the environmental effects of exterior lighting and to provide limits for relevant lighting parameters to contain the obtrusive effects of exterior lighting to tolerable levels. CIE 150 refers to the potentially adverse effects of exterior lighting on both natural and man-made environments.
CIE 126: Guidelines for Minimising Sky Glow (1997) [See reference [ii]] gives general guidance for lighting designers and policy makers on the reduction of sky glow. The report gives recommendations about maximum permissible values for exterior lighting installations. These values are regarded as limiting values. Lighting designers should strive to meet the lowest criteria for the design. Practical implementation of the general guidance is left to national regulations.
Founded as the International Dark-Sky Association in 1988, DarkSky Org [See reference [iii]] is the globally recognised authority on light pollution issues and night sky conservancy.
National guidance
Institute of Lighting Professionals (ILP) Guidance Notes for the Reduction of Obtrusive Light 2021 (GN01/21) [See reference [iv]] reflects the changes in international guidance regarding obtrusive light as detailed in CIE 150:2017: Guide on the limitation of the effects of obtrusive light from outdoor lighting installations. It also considers industry comment regarding the assessment and definition of obtrusive lighting. The ILP has proposed lighting guidance and criteria for local authorities with a recommendation that these are incorporated at the local plan levels.
Institute of Lighting Professionals (ILP) PLG 04 Guidance on Undertaking Environmental Lighting Impact Assessments (2013) [See reference [v]] aims to outline good practice in lighting design and provide practical guidance on the production and assessment of lighting impacts within new developments.
Institute of Lighting Professionals (ILP) PLG05: Brightness of Illuminated Advertisements (2023) [See reference [vi]] discusses the application of media screens and facades.
Bat Conservation Trust (BCT) / Institute of Lighting Professionals (ILP) – Bats and Artificial Lighting in the UK 2023 (GN 08/23) [See reference [vii]] is aimed at lighting professionals, lighting designers, planning officers, developers, bat workers/ecologists and anyone specifying lighting. It is intended to raise awareness of the impacts of artificial lighting on bats, and mitigation is suggested for various scenarios. However, it is not meant to replace site-specific ecological and lighting assessments.
Landscape Institute and the Institute of Environmental Assessment and Management Guidelines for Landscape and Visual Impact Assessment (Third Edition, 2013) [See reference [viii]] provides the authoritative statement of the principles of Landscape and Visual Impact Assessment (LVIA). It sets out the need for the qualitative assessment of the effects of predicted light levels on night-time visibility.
Additional light pollution guidance for consideration
All-Party Parliamentary Group for Dark Skies: Ten Dark Sky Policies for the government [See reference [ix]] sets out the major causes of light pollution in the UK and advocates policy solutions to mitigate or remedy these issues. It makes ten recommendations under the headings of:
- Update the existing legal framework.
- Supercharge standards for lighting.
- Incentivise dark sky governance at the national, local and individual level.
Dark Skies of the North Wessex Downs: A Guide to Good External Lighting [See reference [x]] provides good practice on external lighting, primarily on buildings, but also mentions internal lighting and street lighting. It is aimed at anyone considering external lighting in and around the North Wessex Downs National Landscape (formerly AONB).
Additional considerations: the impact of interior lighting
Whilst this study focuses on exterior lighting and dark skies, it is also important to consider the impact of interior light spill.
It is important for a competent lighting professional to be consulted when developing any lighting scheme. In addition to a well-considered lighting design, additional mitigation measures such as manual or automated blinds, lighting controls and glazing light transmission (LT) could be considered to help limit interior light spilling out into the exterior environment. However these measures are not always appropriate and should be considered carefully.
A number of designated landscapes have developed detailed design guidance on good lighting aimed at providing technical advice on lighting. The Cumbria Good Lighting Technical Advice Note (TAN) [See reference [xi]] is one such document that aims to inform and empower planners, developers and residents to make good lighting choices when planning new development or installing new or replacement lighting.
General light level guidance for outdoor safety and security
International guidance
The purpose of CIE 136:2000 Guide to the lighting of urban areas [See reference [xii]] is to supplement the lighting recommendations and standards for roads and areas of public use as detailed in the Publication CIE 115-1995. It replaces CIE 92-1992 Guide to the Lighting of Urban Areas.
National guidance
BS EN 5489-1:2020 Code of practice for the design of road lighting – Part 1 Lighting of roads and public amenity areas [See reference [xiii]] is a multi-part document divided into a number of Parts. It provides guidance and recommendations that are intended to support the BS EN 13201 series and to assist designers of lighting systems in using that standard.
Part 42 Performance requirements (British Standard) of the European Standard BS EN 13201-4:2015 Road lighting [See reference [xiv]] defines, according to photometric requirements, lighting classes for road lighting aiming at the visual needs of road users, and it considers environmental aspects of road lighting.
BS EN 12464-2:2014 Lighting of work places; Outdoor work places [See reference [xv]] is a multi-part document. This British and European Standard specifies lighting requirements for outdoor workplaces which meet the needs for visual comfort and performance. All usual visual tasks are considered.
Additional guidance for consideration
The Institute of Lighting Professionals (ILP) GN09/19 Domestic Exterior Lighting [See reference [xvi]] guidance note advises on how best to install domestic exterior lighting to ensure it serves the required purpose and provides the correct level of illumination.
Institute of Lighting Professionals (ILP) PLG23 Lighting for cycling infrastructure [See reference [xvii]] is a comprehensive review of current lighting standards and guidance, applying them to cycling infrastructure.
Recommendations within the guide Society of Light and Lighting (SLL) LG04 Sports Lighting 2023 [See reference [xviii]] have been aligned to the British Standard and European Norm (BS EN) 12193 (BSI, 2018).
The aim of the Society of Light and Lighting (SLL) LG6 The Outdoor Environment 2016 guide [See reference [xix]] is to reflect technology changes and provide readers with a firm foundation from which to approach exterior lighting design.
FA Guide to Floodlight [See reference [xx]] highlights the main issues in relation to floodlighting for football, identifying keys areas for floodlight implementation.
Sports England Artificial Sports Lighting 2012 [See reference [xxi]] provides design guidance notes to increase awareness of good design in sports facilities, to help key building professions, clients, user representatives and other stakeholders to follow best practice and to encourage well designed sports facilities that meet the needs of sports and are a pleasure to use.
LTA Floodlight Guidance [See reference [xxii]] provides recommended and minimum light standards for outdoor floodlit tennis courts.
FIFA Lighting Guide 2020 [See reference [xxiii]] provides standards, requirements and guidance for pitch illuminance systems at FIFA tournament stadiums and training sites.
[i] Commission Internationale de l’Eclairage (International Commission on Illumination) (1997) ‘Guidelines For Minimizing Sky Glow’ – https://cie.co.at/publications/guidelines-minimizing-sky-glow#:~:text=The%20report%20discusses%20briefly%20the,be%20regarded%20as%20limiting%20values.
[ii] Commission Internationale de l’Eclairage (International Commission on Illumination) (1997) ‘Guidelines For Minimizing Sky Glow’ – https://cie.co.at/publications/guidelines-minimizing-sky-glow
[iii] DarkSky International (n.d.) ‘What we do’ – https://darksky.org/what-we-do/
[iv] Institution of Lighting Professionals (2021) ‘GN01/21 Guidance Notes for the Reduction of Obtrusive Light’ – https://theilp.org.uk/publication/guidance-note-1-for-the-reduction-of-obtrusive-light-2021/
[v] Institution of Lighting Professionals (2013) ‘PLG 04 Guidance on undertaking environmental lighting impact assessments’ – https://theilp.org.uk/publication/plg04-guidance-on-undertaking-environmental-lighting-impact-assessments/
[vi] Institution of Lighting Professionals (2023) ‘PLG05 The Brightness of Illuminated Advertisements Including Digital Displays’ – https://theilp.org.uk/publication/plg05-the-brightness-of-illuminated-advertisements/
[vii] Bat Conservation Trust and Institution of Lighting Professionals (2023) ‘Guidance Note 08/23: Bats and Artificial Lighting At Night’ – https://theilp.org.uk/publication/guidance-note-8-bats-and-artificial-lighting/ (or if it’s the previous version, which was in the original link – Bat Conservation Trust and Institution of Lighting Professionals (2018) ‘Guidance Note 08/18: Bats and Artificial Lighting At Night’ – https://cdn.bats.org.uk/uploads/pdf/Resources/ilp-guidance-note-8-bats-and-artificial-lighting-compressed.pdf?v=1542109349)
[viii] Landscape Insititute and Institute of Environmental Management and Assessment (2013) Guidelines for Landscape and Visual Impact Assessment, 3rd edition, London: Routledge, Taylor & Francis Group – https://www.routledge.com/Guidelines-for-Landscape-and-Visual-Impact-Assessment/Landscape-Institute-IEMA/p/book/9780415680042
[ix] ‘APPG For Dark Skies (n.d.) – https://appgdarkskies.co.uk/
[x] North Wessex Downs Area of Outstanding Natural Beauty (2021) ‘Dark Skies of the North Wessex Downs: A Guide to Good External Lighting’ – https://www.northwessexdowns.org.uk/wp-content/uploads/2021/11/Lighting_Guide_07-05_MEDRES.pdf
[xi] Friends of the Lake District (n.d.) ‘Light Policy and Guidance: Cumbria Good Lighting Technical Advice Note’ – https://www.friendsofthelakedistrict.org.uk/lighting-policy
[xii] Commission Internationale de l’Eclairage (International Commission on Illumination) (2000) ‘Guide To The Lighting Of Urban Areas’ – https://cie.co.at/publications/guide-lighting-urban-areas
[xiii] British Standards Institution (2020) Tracked Changes. Design of road lighting. Part 1, Lighting of roads and public amenity areas. Code of practice – https://knowledge.bsigroup.com/products/design-of-road-lighting-lighting-of-roads-and-public-amenity-areas-code-of-practice?version=tracked
[xiv] British Standards Institution (2016) BS EN 13201-4:2015 – TC Road lighting – Methods of measuring lighting performance – https://knowledge.bsigroup.com/products/road-lighting-methods-of-measuring-lighting-performance-1?version=tracked
[xv] British Standards Institution (2014) BS EN 12464-2:2014 Light and lighting. Lighting of work places – Outdoor work places – https://knowledge.bsigroup.com/products/light-and-lighting-lighting-of-work-places-outdoor-work-places?version=standard
[xvi] Institution of Lighting Professionals (2019) ‘Guidance Note 9/19 Domestic exterior lighting: getting it right!’ – https://theilp.org.uk/publication/guidance-note-9-domestic-exterior-lighting-getting-it-right/
[xvii] Institution of Lighting Professionals (2020) ‘Professional Lighting Guide 23: Lighting For Cycling Infrastructure’ – https://theilp.org.uk/publication/plg23-lighting-for-cycling-infrastructure/
[xviii] Chartered Institution of Building Services Engineers (2023) ‘LG04 Sports lighting’ – https://www.cibse.org/knowledge-research/knowledge-portal/lg4-sports-lighting-2023
[xix] Chartered Institution of Building Services Engineers (2023) ‘LG06 The exterior environment’ – https://www.cibse.org/knowledge-research/knowledge-portal/lighting-guide-06-the-exterior-environment-2016
[xx] The Football Association (2013) ‘The FA Guide to Floodlighting’ – https://www.thefa.com/-/media/cfa/durhamfa/files/facility-and-football-pitch-development/fa-guide-to-floodlighting.ashx
[xxi] Sport England (n.d.) ‘Artificial lighting’ – https://www.sportengland.org/guidance-and-support/facilities-and-planning/design-and-cost-guidance/artificial-lighting
[xxii] LTA (n.d.) ‘External Floodlighting Principles’ – https://www.lta.org.uk/4ad167/siteassets/about-lta/file/floodlighting-guidance.pdf
[xxiii] FIFA (2020) ‘FIFA Lighting Guide’ – https://digitalhub.fifa.com/m/75486e34dc4aa39f/original/edawdowsmtr5fntxxwup-pdf.pdf