There are no set levels of light above which a statutory nuisance may be caused. When making a decision the Environmental Health Officer will take into account a range of factors including:
Duration
Frequency
Impact – i.e. material interference with use of property or personal comfort
Local environment – i.e. nature and character
Motive – i.e. unreasonable behaviour or common-place action
Sensitivity of the plaintiff – statutory nuisance relies on the perception of the average person and is not designed to take account of extreme sensibilities, age or health etc.
The decision on whether or not a statutory nuisance exists lies with the Environmental Health Officer, unless the matter is referred to the courts in the event of an appeal against an abatement notice.
