Lighting objection

Martin P. Morgan-Taylor

Senior Lecturer in Law, De Montfort University, Leicester

 

The following was originally submitted to Blaby District Council, Leicester, as an objection to sky beams (which were conseqently extinguished), and must obviously be modifed to suit individual requirements. The URLs are quoted so that they can be included in a letter.

Application No:
Applicant:

I am writing to you to object to the above planning application for [...] Firstly, I think that a consideration of environmental issues must prevent the granting of permission. Secondly, there have been a number of decided cases where planning permission has been refused for such lighting schemes. Moreover, the application seems to be against the Council's own anti-light pollution clause.

A: Environmental Grounds

The problems of excessive/inappropriate exterior lighting as a pollutant have recently attracted national and international attention - particularly with recognition that anti-pollution moves to reduce carbon dioxide output are essential to the future survival of the planet. The scale of global light pollution is shown by an image on the web site of the Campaign for Dark Skies (CfDS) [http://www.dark-skies.org/images/imgarchive/EarthLightsDMSP-LG.jpg].

The issue of light as a pollutant is the subject of investigation by several national organisations, including the Campaign for Dark Skies (CfDS) (http://www.dark-skies.org/main.shtm) and the Campaign for the Protection of Rural England (CPRE). Moreover, the International Dark Sky Association (http://www.darksky.org/) is an international body which is dealing with the problem, and a book has also been written about it: R.Mizon, Light Pollution: Responses and Remedies (Springer, London, 2002).

Lighting can be as polluting as a car

It is submitted that [sky beams] serve no utility such as safety, and serve only to advertise in a polluting manner. It is therefore argued that the lights under this planning application simply waste electricity. Recent National moves to discourage the use of cars due to pollution factors is also applicable to lighting and as Leicester is Britain's 'Environment City' this ought to be a consideration. Generating 1 kW/hr of electricity produces 2 lb of carbon dioxide emissions. Two 150-W lights (300 W in total) on throughout the night, all year, is 300 W for 4,400 hours per year - 1,320 kWhr. If 1 kWhr produces 2 lb of CO2, then 1,320 [ kW hrs/yr ] * 2 [lb/(kW hr)] = 2,640 lb/yr = 312 stones/year, or 2,000 kg/year.

These lights could produce the same amount of pollution in one year as a new car produces in 7,800 km (150g CO2 per km).

Threats to wildlife

Many animals are affected by stray light intruding into their night world, confusing their natural patterns and breeding cycles. Lights attract and disorientate animals, increasing the mortality rates of wild birds.

In the USA and Canada there is growing concern over the increasing number of migrant birds dying as a result of hitting illuminated buildings at night. Most song birds evolved to migrate at night, when predators retire and winds subside. Chicago's Hancock Centre has doused its ornamental night-time lighting to save the nearly 1,500 birds that nightly meet abrupt deaths when they crash into the tower during migration season, mistaking its illumination for stars or the moon.

Most of the dead and wounded birds are scavenged by cats, raccoons, crows, rats and seagulls, etc. Net result: Song birds diminish while scavengers thrive! Last year volunteers gathered more than 3,000 dead and wounded birds of 138 different species in Toronto. Compare that to near 10,000 birds found in past years. Needless to say, birdwatchers would like buildings to extinguish all interior building lights and non-essential outdoor lights (especially all floodlighting) during migration time, and to shield essential lights. (Source: Mizon, Light Pollution, Responses and Remedies).

B: Legal Grounds

[The Council has an anti-light pollution clause in its local plan. It is submitted that this application should be rejected under the clause.] It is proposed that there cannot be a more polluting form of lighting than that which is directed into the sky and serves no public utility, such as safety, whatsoever. If these lights are not sufficiently bright to attract attention for advertising, then they are of no advertising value. It is argued that any light pointing upwards has a polluting effect and that these lights must have a very high polluting effect.

The Czech Republic recently became the first country to enact national anti-light pollution legislation with provisions aimed at eliminating light pollution. Known as the 'Protection of the Atmosphere Act,' the bill passed both houses of the Czech Parliament (Chamber of Deputies and Senate) and was signed into law by President Vaclav Havel on February 27, 2002. It took effect June 1, 2002, and addresses light and other kinds of air pollution. The law defines 'light pollution' as 'every form of illumination by artificial light which is dispersed outside the areas it is dedicated to, particularly if directed above the level of the horizon.' Under the law, Czech Republic citizens and organizations are obliged to 'take measures to prevent the occurrence of light pollution of the air.'

Lighting can be a danger to road traffic and aircraft

In Australia, two planes collided as they approached the runway at Moorabbin airport. A commercial pilot with 200 hours' flying time died after her plane hit the runway in a ball of flame. Poor visibility because of the impact of surrounding lights was a factor in the crash. An optics consultant says bright surrounding lights at the airport wash out the small amount of light emitted from small aircraft's navigation lights; 'You have this enormous collection of lights shining uselessly into the sky. and it is becoming increasingly difficult to see the airport and surrounding planes', he said. A member of the Aviation Medical Society was more blunt. 'It's bloody hard to see over Moorabbin now. There are many lights surrounding the airport that are blinding to look at. If a pilot fixates on those lights, you can lose a lot of depth perception and the ability to judge distance. ...close to the airport runaway lights and navigation lights, which are vital to safe flying, can be very difficult to find.' Bad lighting also affects shipping. As shown in the Thames Barge Sailing Club bulletin: 'The Medway at night is not easy to navigate; the buoy lights disappear into the bright orange streetlights and powerful jetty lights that are everywhere. ...[We now use a] compass to guide us to the next buoy, which often was invisible until we got very close to it' (http://www.star.le.ac.uk/astrosoc/cfds/theproblems.html).

It is submitted that such lights pose a threat to aircraft, and I shall be contacting the Civil Aviation Authority about this matter.

These light beams could also distract motorists on the nearby motorway and other roads. It is a criminal offence under statute to place lighting that may distract the attention of a motorist.

Case-law against sky beams

There has been recent case-law concerning the control of sky beams. Such advertising is controlled by the Town and Country Planning (Control of Advertisements) Regulations 1992. A review of the case-law shows that a number of these have now been held to be advertising and thus subject to planning consent. For example, the Guildford Skybeam (1999) - unreported case, cited on the Campaign for Dark Skies (CfDS) web site. One recent case from 2001, the Bristol Skybeam - unreported, but featured on the CfDS website - held that such a beam was indeed an advertisement under s. 336(1) of the Regulations. Objections to the beam, included the 'impact of the beam on visual amenity and the alien nature of the beam from surrounding rural areas'. The application was withdrawn.

Earlier in the year, Leicester City Council ordered The Shires Shopping Centre to cease using a sky beam which it had set up without planning permission. Granting permission in the instant case would probably open the floodgates to other applications for sky beams by providing mixed messages. It is argued that this is dangerous for all the reasons given in this submission.

a) The Guildford Sky Beam: Planning Permission Rejected
A relevant case to the application in question is the Guildford Sky beam (unreported), for which an application was refused. The germane facts are given below (further data is supplied on the CfDS website).

At a public enquiry held at the Guildford (Surrey) council offices in December 1999, H.M. Planning Inspector Ava Wood heard arguments from a Guildford night club appealing against the denial of permission under the Advertisement Regulations (section 336(1)) to shine two searchlights into the sky over the town. The lights were visible from great distances, and opposing arguments came from CfDS committee members Bob Mizon and Graham Bryant. Bob said: 'Half of our environment is above the horizon. Half of our environment is not protected by the force of law. The night sky - by its very nature a site of special scientific interest and an area of outstanding natural beauty - has been quietly and gradually taken away, over the last fifty years, from those dwelling in towns and urban fringe areas, throughout the developed world. Skyglow and obtrusive waste upward lighting also detract from the character of the night-time scene and are detrimental to local amenity, not just for astronomers, but for the public in general.'

The Inspector refused the night club's appeal to continue using the searchlights, even though there was no 'advertising' as such (e.g. distribution of leaflets or publicity linking the beams with the club).

Extract from the Inspector's decision, Para. 78: 'The impact of the lights is however not restricted to its urban surroundings... generally, the lights of the town do not impose themselves in the surrounding countryside, whereas the beams extend, in an arc, over a wide area and the shafts of light pierce the dark skies above the hills. They appear to extend the commercial nature of the town centre well beyond its urban confines, across rural villages and into dark, undisturbed areas of the countryside. Outside the context of an illuminated urban environment, I have to say that the beams are unwelcome intrusions. They are alien features, disturbing to those who appreciate the countryside for its non-commercial aspects, and others that wish to maintain dark skies for observation purposes or for its own sake.' (Para. 81) 'It is this far-reaching impact that is unacceptable, as the beams are detrimental to the amenity of the surrounding rural areas...it must follow that the advertisement breaches planning policies that seek to prevent harm to the Area of Outstanding Natural Beauty, and to the countryside.'

Other matters

Para. 84: A recurring theme among objectors is the fear that permitting such an advertisement would set a precedent and the skies would be awash with similarly obtrusive beams...it is open to the Council or other decision-maker to judge each case on its merits, and look at the cumulative impact that other such applications may bring to bear.'

Para. 85: 'Whether or not the owner's motives are altruistic is a matter for conjecture. My view is that he is partly motivated by his own creative ambitions, and partly by a need to draw attention to Guildford and its attractions. Intentionally or not, the expansive manner in which he chooses to express such motives has far-reaching and detrimental effects and falls within the definition of an advertisement under S336(1) of the Act.'

Para. 89: 'I recommend that advertisement consent be refused.'

The new 'Living Places: Powers Rights Responsibilities'. The new consultation document (http://www.defra.gov.uk/environment/consult/pubspace/index.htm) raises the issues of light pollution, and indeed broaches the subject of the control of light pollution. It is submitted that all planning applications must now be read with a view to this consultation.

Page 12 (para. 1): 'Poor local environmental quality, therefore, also affects the physical health of communities. Places that are strewn with litter and rotting rubbish attract vermin and disease. Noise, air and light pollution affect the physical and psychological well being of residents, while traffic can reduce the amount of exercise people take. Increasingly, the health benefits of good local environments are being realised. For example, high quality green spaces go a long way to encouraging people to pursue healthier lifestyles through exercise such as walking, cycling and active children's play.' (Emphasis added).

Page 56, no.5 on the list of options for reform, includes 'creating new powers for local authorities to deal with the detrimental impacts of light pollution.'

C: Recommendations

It is argued that the above case and its issues serves as a persuasive argument against the granting of planning permission. It is submitted that if permission is granted it will have the following effects:

Granting permission will place [... Council] in a minority position in permitting sky beams, and it will go against decided cases. [It will also contradict the Council's own anti- light pollution clause].

Granting such an application will open the floodgates to other such lights. The effects of this will destroy the night sky and be detrimental to the environment'. Each establishment could produce as much CO2 with the use of a sky beam as a car would produce in a year.

The location is at the edge of the city and as such it will encroach on rural areas. Indeed, it will pollute the sky over a wide area.

Such lights may be controlled by the Civil Aviation Authority, as they may pose a danger to air traffic.

Such lights could serve to be a distraction for road traffic users - a criminal offence under Road Traffic legislation.

I hope that you decide to protect the environment and reject the cited application. I would also like to request that you consider tightening your controls of light pollution generally, as it is another form of pollution contributing to CO2 production. Please contact me should you require any enhancement of any of the issues which I have raised. I am also willing to attend any hearing to discuss these matters, or to provide general information relating to light pollution.

 

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