The statutory definition does not expressly include streetlights, but neither does it expressly exclude such lighting. It is possible that a court may deem such lights to be covered, however, the path to such a judgment would be subject to a long and expensive appeal as to whether street lighting amounts to "premises".
The provisions are further diluted by the availability of the defence of "best practical means" to light emitted from "industrial, trade or business premises, or "the purpose only of illuminating an outdoor relevant sports facility". (Section 103 (2 b) inserting a new section 80(8) (as amended) to the Environmental Protection Act 1990.) This archaic phrase means that the utility of such lighting trumps the nuisance if, and only if, all reasonable steps have been taken to abate it. This will involve consideration of location and the cost involved in reducing the nuisance. However, the question is, of course, where the line will be drawn in practice.
The result is that all consumer lighting is covered, but the inclusion of street lighting is dubious, and there is a general defence open to all business premises and sports facilities.
The statutory definition does not expressly include streetlights, but neither does it expressly exclude such lighting. It is possible that a court may deem such lights to be covered, however, the path to such a judgment would be subject to a long and expensive appeal as to whether street lighting amounts to "premises". The provisions are further diluted by the availability of the defence of "best practical means" to light emitted from "industrial, trade or business premises, or "the purpose only of illuminating an outdoor relevant sports facility". (Section 103 (2 b) inserting a new section 80(8) (as amended) to the Environmental Protection Act 1990.) This archaic phrase means that the utility of such lighting trumps the nuisance if, and only if, all reasonable steps have been taken to abate it. This will involve consideration of location and the cost involved in reducing the nuisance. However, the question is, of course, where the line will be drawn in practice. The result is that all consumer lighting is covered, but the inclusion of street lighting is dubious, and there is a general defence open to all business premises and sports facilities.
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