Statutory Nuisance from Insects and Artificial Light - Guidance on Sections 101 to 103 of the Clean Neighbourhoods and Environment Act 2005
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Statutory Nuisance from Insects and Artificial Light Guidance on Sections 101 to 103 of the Clean Neighbourhoods and Environment Act 2005
This guidance is part of a series on legislation & powers affected by the the Clean Neighbourhoods and Environment Act 2005. Guidance on the following topics is also available; • Nuisance and Abandoned Vehicles • Litter and Refuse • Defacement Removal Notices • Waste • Noise • Fixed Penalty Notices • Abandoned Shopping and Luggage trolleys All parts of the guidance can be downloaded from www.defra.gov.uk/environment/localenv/legislation /cnea/index.htm or alternatively further copies are available from: Defra Publications Admail 6000 London SW1A 2XX Tel: 08459 556000 You may also find it helpful to refer to existing information and guidance on legislation relating to local environmental quality and anti-social behaviour. This is available from the following websites: www.defra.gov.uk/environment/localenv/index.htm www.cleanersafergreener.gov.uk www.together.gov.uk
Statutory Nuisance from Insects and Artificial Light
Overview
1 This guidance covers sections 101, 102 and 103 of the
Clean Neighbourhoods and Environment Act 2005, which
amend sections 79, 80 and 82 of the Environmental Protection
Act 1990 to extend the statutory nuisance regime to include
two new statutory nuisances:
• statutory nuisance from insects; and
• statutory nuisance from artificial light.
2 This guidance is aimed at local authorities, particularly
Environmental Health Practitioners who enforce nuisance
legislation. It may also be useful to other agencies.
3Central Principles 4 It also becomes possible for persons
3 These changes extend the duty on aggrieved by these new statutory
local authorities to check their areas nuisances to take private proceedings in
periodically for existing and potential respect of them in the magistrates’ court
statutory nuisances so as now to include by way of section 82 of the 1990 Act.
such nuisances arising from insects and 5 The appeals procedure is as for the
from artificial lighting. Local authorities other statutory nuisances. An appeal
must take reasonable steps to investigate against an abatement notice can be
complaints of such nuisances. Once satisfied made to the Magistrates’ Courts. As
that a statutory nuisance exists or may grounds for appeal, the claim of ‘best
occur or recur, local authorities must issue practicable means’ can be used against
an abatement notice (in accordance with an abatement notice, or subsequently as
section 80(1) and (2) of the 1990 Act) a defence against liability for conviction
against, in the first instance, the person for breaching or failing to comply with
responsible for the nuisance or, where an abatement notice, for nuisances on
that person cannot be found or the industrial, trade or business premises.
nuisance has not yet occurred, the owner In the case of artificial light nuisance, this
or occupier of the premises from which defence of ‘best practicable means’ also
it emanates, requiring that the nuisance applies to all such lighting used for the
cease or be abated within a set timescale. outdoor illumination of ‘relevant’ sports
(Where a nuisance arises from any defect (please see the proposed list under the
of a structural character, the abatement healthy living and sports section). (In the
notice must be served on the owner case of smoke nuisance, it applies to any
of the premises.) premises, but only where the smoke is
emitted from a chimney.)
4Statutory Nuisance from Insects and Artificial Light
6 The defence of ‘reasonable excuse’ 10 This measure is intended to provide
for breaching or failing to comply with an local authorities with a remedy to
abatement notice remains available to all. nuisances from insect infestations
7 A statutory nuisance may also be (whether naturally occurring or caused by
capable of being a nuisance at common human activities) on ‘relevant’ industrial,
law (and, where reliance is on the trade or business premises. However, it
‘nuisance’ limb, must also be a nuisance is not meant to be used against most
at common law), in which case an naturally occurring concentrations of
operator may be the subject of proceedings insects on open land or in ways that
in tort by persons aggrieved by a common would adversely affect biodiversity.
law nuisance even if the operator can rely Accordingly, subsection (5) inserts two
on the defence of ‘best practicable means’ new subsections (7C) and (7D) into section
against action for statutory nuisance. 79 of the Environmental Protection Act
1990 which exclude from the definition
Section 101
of ‘relevant’ industrial, trade and
8 Section 101 adds to the descriptions business premises:
of statutory nuisances listed in section
(a) land used as arable, grazing, meadow
79(1) of the Environmental Protection
or pasture land (but not structures
Act 1990:
placed on the land),
‘(fa) any insects emanating from
(b) land used as osier land, reed beds,
relevant industrial, trade or business
or woodland,
premises and being prejudicial
to health or a nuisance’. (c) land used for market gardens, nursery
grounds or orchards,
9 This provision does not apply to insects
from domestic premises or to insects (d) land forming part of an agricultural
listed in Schedule 5 to the Wildlife and unit (but not covered by (a) to (c))
Countryside Act 1981, unless they are and which is of a description specified
included in that Schedule solely to in regulations,
prevent their trade or sale.
5(e) land included in a Site of Special Section 102
Scientific Interest, 12 Section 102 adds to the descriptions
and land covered by, and the waters of statutory nuisances listed in section
of, rivers, watercourses (except sewers 79(1) of the 1990 Act
and drains), lakes and ponds. ‘(fb) artificial light emitted from
11 Land which falls under (d) above is premises so as to be prejudicial
described by regulations. These regulations to health or a nuisance’.
prescribe the descriptions of land under 13 However, this does not include
s.79(7C)(d) of the Environmental Protection artificial light emitted from the following
Act 1990 (introduced by s.101(5) of the premises. These are premises used for
Clean Neighbourhoods and Environment transport purposes and other premises
Act 2005), that form part of an agricultural where high levels of light are required
unit and which are (in addition to the for safety and security reasons, i.e.:
types of land already listed at s.79(7C)
• Airports
(a)-(c)) to be exempt from ‘relevant
industrial etc. premises’ from which • Harbours
the new statutory nuisance from insects • Railway premises
(s.79(1)(fa) Environmental Protection Act • Tramway premises
1990) is capable of emanating.
• Bus stations and associated facilities
Certain types of land are exempted from
being capable of statutory nuisance from • Public service vehicle operating centres
insects in order to safeguard endangered • Goods vehicle operating centres
species, and protect biodiversity. • Lighthouses
• Prisons
• Premises occupied for Defence purposes
6Statutory Nuisance from Insects and Artificial Light
14 These premises are listed in a new 16 The Statutory Nuisances (Artificial
subsection (5B) to section 79 of the Lighting) (Designation of Relevant Sports)
Environmental Protection Act 1990 and (England) Order 2006 designates the
are defined in subsection (7) and in new ‘relevant sports’ the facilities for which
subsections (7A) and (7B) of that Act will be able to use the defence of
(inserted by subsections 102(4) to (6) ‘best practicable means’ in appealing
of the Clean Neighbourhoods and against, or as a defence against
Environment Act 2005). The exemption prosecution for breaching or failing to
for Defence premises is made by section comply with, an abatement notice for
102(3) of the 2005 Act, amending statutory nuisance from artificial light
section 79(2) of the 1990 Act. under s.79(1)(fb) Environmental
Protection Act 1990.
Section 103
15 Section 103 extends the defence of
‘best practicable means’ to these new
statutory nuisances where either is
emitted from industrial, trade or business
premises or, in the case of light, also from
relevant outdoor sports facilities which
are not industrial etc. premises. Most
artificially illuminated sports facilities will
be regarded as businesses, and so will
benefit thereby from the ‘best practicable
means’ defence. However, there may
be some that are not; perhaps local
authority grounds or facilities run by
amateur clubs.
7Statutory Nuisance from Insects and Artificial Light
Guidance on using
the new powers
General
Assessing complaints of nuisance period from its being issued, or should an
17 Statutory nuisance from insects and individual take a private action through
statutory nuisance from artificial light the local magistrates’ court under section
from premises follow the same regime 82 of the Environmental Protection Act
as for other statutory nuisances. That is, 1990 (or, possibly, as a defence to
it is initially for an Environmental Health prosecution for failure to observe an
Practitioner to assess on the evidence abatement notice). As for all statutory
available whether or not a statutory nuisances, when assessing a case of
nuisance exists, or may occur or recur, potential statutory nuisance the
on a case-by-case basis. Not least Environmental Health Practitioner should
because it will depend on their effects, take account of a range of factors including:
there are no objective and set levels of • Duration
insect infestation or artificial light above
• Frequency
which a statutory nuisance is or may be
caused, and below which it is not. • Impact – i.e. material interference with
use of property or personal well-being;
18 ‘Nuisance’ is not defined in statute,
actually or likely to be adverse to health
but is rather based on the common law
concept of what is to be regarded as an • Local environment
unreasonable interference with someone’s • Motive – i.e. unreasonable behaviour
use of their own property; alternatively, or normal user
a statutory nuisance may be something
• Sensitivity of the plaintiff – statutory
that is ‘prejudicial to health’ of other
nuisance relies on the concept of the
people; ultimately, it will be for the courts
average person, and is not designed to
to decide whether a statutory nuisance
take account of unusual sensibilities
exists, should an appeal be made against
an abatement notice within the 21 day 19 For statutory artificial light nuisance,
technical parameters on obtrusive
9lighting, formulated by the International In these circumstances, new lighting must
Commission on Illumination (CIE) and adhere to the original planning permission
Institution of Lighting Engineers from of the building. These conditions cannot
research into individual sensitivity to light, be applied retrospectively and can only be
may help inform consideration of the applied to buildings built after 1997.
level of sensitivity that might be considered 23 However, the existence of planning
that of the ‘average person’. permission does not mean that a
20 Enforcement should be reasonable statutory nuisance cannot then exist.
and proportionate. If, however, the Circumstances and local environments
Environmental Health Practitioner is change. Statutory nuisance can occur
satisfied that a statutory nuisance exists, whether or not planning permission is
or may occur or recur, an abatement in place either expressly or implicitly
order must be issued requiring that the permitting lighting.
nuisance cease or be abated within
Recording complaints
a set timescale.
24 Complaints should be logged and
Statutory Nuisance and Planning recorded, as for any other complaint
21 Prevention is better than cure, and of statutory nuisance. It is highly likely
it is preferable to address potential that in future the Chartered Institute
statutory nuisances at the planning stage. of Environmental Health and / or Defra
22 The Courts have ruled that lighting will contact local authorities to request
itself is not ‘development’. However, statistics so that the scale and nature
planning permission is required for of insect nuisance and light nuisance
lighting if it alters the material appearance can be assessed and monitored in order
of a building. It has been possible since to provide an evidence base for future
1997 for local authorities to consider policy development.
lighting as part of the planning process 25 Logging and recording information,
for new buildings, both residential and including geo-coding, may also assist
commercial. Local authorities can decide local authorities to map and monitor
to regulate lighting under planning statutory nuisances to inform their
permission, and set planning obligations approach to meeting their duties.
for lighting to prevent light pollution.
10Statutory Nuisance from Insects and Artificial Light
Insects
Likely sources of insect nuisance 27 Local authorities have a duty, however,
26 It is expected that the following to take reasonable steps, where practicable,
sources will generate most complaints to investigate any complaints of
of insect nuisance: insect nuisance.
• Poultry houses / farms (buildings on 28 It is probable that complaints will
agricultural land are not exempt from be received about insects from domestic
statutory nuisance from insects, even premises. As indicated above, insects
though the land surrounding them emanating from domestic premises are
may be) not covered by this extension of the
statutory nuisance regime. Any problems
• Sewage treatment works
caused by insects from domestic premises
• Manure / silage storage areas may, however, be capable of being dealt
• Animal housing with under section 79(1)(a) of the
• Stagnant ditches and drains Environmental Protection Act 1990 –
(i.e. containing putrid and anoxic ‘any premises in such a state as to
water) (provided they are on relevant be prejudicial to health or a nuisance’.
industrial etc. premises) 29 This limb might be appropriate if,
• Landfill sites / refuse tips for example, the state of a domestic
dwelling was such that it encouraged
• Waste transfer premises
an infestation of insects that constituted
• The commercial parts of mixed a nuisance to neighbouring dwellings.
commercial / residential blocks
of buildings (i.e. excluding the
residential premises contained therein)
• Trade or business premises (e.g.
contaminated goods, kitchen areas)
• Slaughterhouses
• Used car tyre recycling businesses
11Assessing complaints Insect Nuisance
of insect nuisance 32 The vast majority of insect species
30 Ascertaining the source of insect do not cause a nuisance, but are essential
nuisance can sometimes be a difficult and components of biodiversity and maintain
lengthy process, as premises which have ecosystems through pollination, soil
high levels of insect infestation may be maintenance and other functions.
mistaken for the source when they might 33 There are also a number of insect
themselves also be sufferers. There may species which can cause nuisance in
be a temptation for some people to sufficient quantities, or seasonally.
ascribe insect nuisance to businesses by Some may also pose a public health risk,
virtue of them being likely sources. A although they may not be regarded
participatory approach to determining the as a public health pest in terms of
source is likely to help satisfactory outcomes. environmental legislation, or a risk in
31 Proper management and treatment animal husbandry. Such insects include
programmes should be able to minimise mosquitoes (Culicidae), house flies
most insect nuisance cases that arise. (Musca domestica Linnaeus), lesser house
Noticing infestations in their early stages flies (Fannia canicularis (Linnaeus)), etc.
is important, to try and keep on top 34 There is a difference between insects
of the insect nuisance. arising from an activity on a business,
trade or industrial premises, and natural
occurrence of insect populations. It is not
the intention for this measure to cause
environmental damage to the ecosystem
or biodiversity.
35 It should not be assumed that killing
insects is necessarily the most appropriate
way to cease or abate a nuisance.
12Statutory Nuisance from Insects and Artificial Light
One of the intentions behind the 37 An abatement notice once issued
measure to introduce insect statutory may be ‘simple’ and require abatement
nuisance is to capture statutory insect within a specified timescale. It may, but
nuisance caused as a result of activity on does not have to, specify works or other
premises, where control through the steps necessary to abate the nuisance or
existing limb of ‘any premises in such restrict its occurrence or recurrence.
a state as to be prejudicial to health or Example of insect nuisance – species
a nuisance’ would not be appropriate. of house fly (Musca domestica
Another intention is to control statutory Linnaeus). Lesser house fly (Fannia
insect nuisance at source, where such canicularis (Linnaeus)), blow flies
control will not cause unacceptable (Calliphora spp and Lucilia spp).
damage to the environment or
38 Houseflies can be classed as
biodiversity. If activity and conditions
public health pests or pests of animal
attract or provide breeding conditions
husbandry. They are associated with
for insects to such an extent that they
conditions that exist in rotting,
constitute a statutory nuisance, then it
fermenting, or at least moist organic
is the activity and conditions which the
matter, preferably of a high protein
Environmental Health Practitioner
content, such as those that could be
should address.
present at a sewage works (though they
36 Environmental consequences – indirect are also a natural part of the biological
as well as cumulative – of remedial action process and may indicate good quality
must be considered, such as the effects effluent and process if found on a filter
of insecticides, if used, on the environment, works at a sewage treatment works).
nature, bodies of water, etc. Insecticides Houseflies are frequently found in
should therefore be chosen with care and association with man, either indoors or
regard for the Pesticides Safety Precautions taking advantage of other human activities,
Scheme in their use. as do many other species of insect.
1339 Houseflies and other pests which 41 There are no objective levels at which
occur in significant numbers to cause a statutory nuisance exists or may be
a pest problem are almost certainly caused. In general, in domestic premises,
being attracted to the site because of it is likely that the threshold will be very
a breakdown in standards of hygiene. low and control actions might be taken in
Occasionally, the problem may be cases of few house flies. As a guideline,
localised, i.e. blow flies (Calliphora spp an occupier will normally experience some
and Lucilia spp) may be attracted by a irritation if there are five or more ‘flying’
dead bird or rodent, or due to external house flies present in any one room at
causes, such as a nearby farm or cattle in any one time on three successive days.
an adjacent field. Thus the most important If house flies are monitored with baited
aspect of fly control is to trace the cause traps, sticky ribbons, or spot cards a
of the problem and correct it. Only then collection of more than 25 in any 48-hour
can preventative measures be undertaken. period may indicate grounds for distress.
40 Houseflies are significant vectors 42 The complaint threshold density of
of disease. They can transmit intestinal houseflies at waste management sites
worms, dysentery, gastro-enteritis, may be 150 individuals per flypaper
typhoid, cholera and tuberculosis. The per 30 minutes.
larvae are capable of developing intestinally 43 However, as stated earlier, there are
if ingested. They can contaminate no objective levels for statutory nuisance.
foodstuffs, though this would usually It does not, therefore, necessarily follow
occur only where there are poor hygiene that fewer than five house flies in a
standards. As they will feed indiscriminately room in a house, or 150 house flies
on faecal matter and human food, their per flypaper per 30 minutes at waste
status as a vector is well noted. management sites, do not constitute a
statutory nuisance, or that five or 150
necessarily do. Just as noise nuisance is
not a matter of decibel levels, insect
14Statutory Nuisance from Insects and Artificial Light
nuisance is not a matter of numbers of 47 Prevention: Physical prevention is
insects. Impact may also depend on, preferred to pesticide usage. It may be
e.g., size of room, number of people / preferable to control / reduce harbourage
premises affected etc. House flies do not and breeding material than to treat an
damage property. infestation once it is established.
44 Both house flies (Musca domestica) Currently in the UK natural predation of
and lesser house flies (Fannia canicularis) house flies in poultry houses is based on
occur throughout the UK. Both houseflies indigenous species, such as the Carcinops
and lesser houseflies are common in beetle (though it may not be sufficient
homes, barns, stables, and poultry alone). Larvicides are also generally used,
houses in spring, summer and autumn. although adulticides should be the last
line of defence. Elsewhere in Europe and
45 Lesser house fly larvae typically
America, poultry farmers are using
consume decaying organic matter and
specially bred parasitic wasps and
excrement, but have been known to
predator flies as a control method.
develop in the intestinal tract of man and
animals. In some areas, lesser house fly 48 Premises need to adopt an integrated
larvae are the predominant maggots approach to house fly control which
found in chicken manure. includes building design, effective
management and systematic monitoring
46 Adults may live as long as two
of house fly populations.
months. Populations flourish during cool
seasons, particularly spring, early summer, 49 For example, integrated fly control
and late autumn. Peak numbers usually programmes for poultry houses tend to
occur by July, after which dry, hot be based on (i) selective application of
weather and parasitism causes insecticides against the adult; (ii) early
populations to subside until autumn. introduction of insecticide control
measures in early spring before house
flies appear, repeated as needed
throughout the warm months,
15and (iii) leaving manure undisturbed 51 Spot cards can be used as a diagnostic
throughout the warm months when tool. These are 3-inch by 5-inch white
house fly breeding may occur, removing index cards which are attached to a
it just once in early spring before house house-fly resting surface. A minimum of
flies appear. Engaging the farmer in five cards should be placed in a suspect
discussion about management practices animal facility and left in place for seven
that could be adopted may support days. As a guide, a count of 100 or more
satisfactory outcomes. There may, for faecal or vomit spots per card per week
example, be times when manure may may be taken to indicate a high level of
be removed in the autumn for land house fly activity and a need for control
spreading, or twice a year. (although this is not to say that a count
50 Ordinarily, house fly control from of, say, 99 would not indicate a high
1 to 2 km around sensitive sites will level of house fly activity and a need
prevent ingress into a sensitive area for control).
(containing dwellings, for example). In 52 Physical prevention methods:
cases where no local breeding area can • Food and materials on which the house
be identified, adult house flies may be flies can lay their eggs should be
flying long distances (i.e. several miles) removed, destroyed as a breeding
from infestation sources of, for example, medium, or isolated from the egg-
refuse tips or animal houses. Good laying adult house fly.
sanitation, and elimination of breeding
• Wet manure should be removed at
areas, are necessary for good management.
least twice weekly if necessary to break
Chemical treatment is the last line
the breeding cycle.
of defence.
• Wet straw should not pile up in or near
buildings and, as one of the best fly
breeding materials, is not recommended
as bedding.
16Statutory Nuisance from Insects and Artificial Light
• Spilled feed should not be allowed to 53 Electronic fly killers which can attract
accumulate, and should be cleaned up insects to an electrified grid by using an
at least twice a week. ultra-violet light source are not generally
• Windows and doors can be proofed effective against houseflies. House flies
with fly screens of approximately are not particularly attracted to them and,
1.5 mm mesh. although they may kill the occasional one,
they cannot cope with large numbers. If
• Fly traps may be useful in some house
they are used, one trap should be placed
fly control programmes if enough traps
for every 30 feet of wall inside buildings,
are used, placed correctly, and used
but not placed over or within five feet of
both indoors and outdoors. House flies
food preparation areas. Recommended
are attracted to white surfaces and
placement areas outdoors include near
baits that give off odours. Lesser house
building entrances, in alleyways, beneath
flies are shyer of traps.
trees, and around animal sleeping areas
• Dustbins, wheelie-bins, paladins and and manure piles.
skips should have tight-fitting lids and
54 Eradication – chemical: Chemical
be cleaned regularly. Dry and wet
treatment should be considered as a last
rubbish should be placed in plastic
resort, as it may only be treating the
rubbish bags and sealed up. All waste
insects in the vicinity at the time of
receptacles should be located as far
treatment and not the source, although
from building entrances as possible.
most pesticides do have a residual effect
• For control at waste disposal sites, and may work on particular species
refuse should be deposited onto the throughout their lifecycle. Given the
same area as inorganic wastes to considerable link to water at sewage
reduce the capacity of breeding treatment works for example,
resources, or covered with soil or other management of insects may be more
inorganic wastes of around 15 cm beneficial than treatment, by reducing
consistent thickness. the need for pesticide usage.
17The use of pesticides near water bodies is • When flies are a major pest in
one of the most risky and heavily controlled commercial egg production facilities,
areas of pesticide use, and the potential they can be controlled by applying
for pesticide use on linear water bodies adulticides, or larvicides, to suppress
that drain into rivers and streams must be adult densities directly or indirectly.
minimised. Removal of breeding material Residual wall sprays can be applied
and habitats can keep insects under where the flies congregate. Resistance
control or at bay. can develop more rapidly in house fly
populations on farms on a continuous
• For adult control, conventional knock-
insecticide regime using a single
down or residual treatments will kill the
chemical than on farms in which
majority of adult flies in spite of the
insecticides are alternated. Residual
development of high resistance levels
insecticides may be applied to favoured
in a number of housefly populations.
resting areas for house flies. Breeding
• Residual insecticides applied to the areas should be avoided as spray
house flies’ favoured resting areas will targets as, where the insecticide breaks
control landing flies in some situations, down in an area where eggs are
although they should not generally be developing, it may encourage increased
applied to breeding areas, as insecticide resistance in the house fly population.
breakdown can be rapid and resistance
• Outdoors, house fly control can
may be encouraged.
include the use of chemical treatments
• In poultry houses, the use of mists, fogs in the bottom of skips, and treatment
or baits may be necessary for house fly of vertical walls adjacent to skips
control. Treatment in poultry stations and other breeding sites, with
should be carried out by a qualified microencapsulated or wettable powder
pest controller. Insecticides to control formulation, and the use of fly baits
maggots should not be applied to near adult feeding sources. In areas like
manure, which should be kept dry and rubbish tips treatment should always be
removed only during the winter. carried out by a pest control specialist.
18Statutory Nuisance from Insects and Artificial Light
• Indoors, house fly control can include are 50 or more ‘flying’ fruit flies present
automatic misters, fly paper, electrocuting in any one room at any one time on
and baited traps that can be used in three successive days.
milking parlours and other areas of 56 Detecting domestic breeding areas
low fly numbers. for fruit flies involves finding the source(s)
Example of insect nuisance – of attraction and breeding, which can
fruit flies (Drosophila spp) require much thought and persistence.
55 Fruit flies compromise several species Potential breeding sites which are
of the genus Drosophila (family inaccessible (e.g., waste-disposals and
Drosophilidae). They are increasingly drains) can be inspected by taping a clear
associated with commercial composting plastic food storage bag over the opening
activities and vegetable producers, overnight. If flies are breeding in these
wholesalers, and packers who store areas, the adults will emerge and be
waste and / or reject produce in the open, caught in the bag.
as they are attracted to ripened or 57 Prevention: The best way to prevent
fermenting fruit and vegetables. problems with fruit flies is to eliminate
Dwellings that report high infestations sources of attraction. Produce which has
are increasingly found near these ripened should be covered rather than
commercial undertakings. Fruit flies can discarded in the open. A single rotting
be a problem year-round in domestic potato or onion can breed thousands of
kitchens. They can contaminate foodstuffs, fruit flies, as can a waste or recycling bin
but usually only where there are poor which is not emptied or cleaned.
hygiene standards or exposed, ripe fruit. 58 Where regular spillages of fruit juice
They do not carry disease or cause or pulp inside buildings attract fruit flies,
structural damage to buildings. The sheer windows and doors should be equipped
numbers that congregate can create a with tight-fitting (16 mesh) screens to
nuisance. As a guideline, an occupier will help prevent adult fruit flies from
normally experience some distress if there entering from outdoors.
19All spillages and accumulations of fruit Perhaps the most important effect that
and vegetable juice and pulp should still cockroaches have on humans is allergies.
be cleaned up regularly and thoroughly. Their presence may cause an occupier
59 Eradication: Once a structure is distress. They can contaminate a range
infested with fruit flies, all potential of stored food products.
breeding areas must be located and 61 There are three main pest species:
eliminated. Unless the breeding sites are the American (Periplaneta americana),
removed or cleaned, the problem will German (Blattella germanica) and
continue no matter how often insecticides Oriental (Blatta orientalis) Cockroaches.
are applied to control the adults. Once The German and Oriental species are
the source is eliminated the flies will try common in the UK. Cockroaches are
to find new potential breeding substrates, highly adaptable and extremely mobile,
usually out of doors. Only if the source moving into new buildings via sewer
has been eliminated and flies given time pipes, ducts etc. The Oriental cockroach
to disperse should an aerosol insecticide is the most common and largest of the
be used to kill remaining flies. two. It can climb rough surfaces such as
Example of insect nuisance – brickwork and will congregate around
cockroaches (Periplaneta water sources. The German cockroach
Americana (Linnaeus), Blattella is smaller, but is able to climb vertical
germanica (Linnaeus), Blatta smooth surfaces. They do not cause
orientalis (Linnaeus)) structural damage.
60 Cockroaches pose a public health 62 One way to confirm an infestation
risk. Cockroaches can also cause allergic is by using a stick trap. These can be
reactions in susceptible individuals, e.g., purchased from a pest control contractor.
asthmatics, house dust mite allergen
sufferers, and individuals exposed to
infestations for long periods of time.
20Statutory Nuisance from Insects and Artificial Light
63 Prevention: Good standards of 66 The use of insecticidal bait gels and
hygiene alone cannot prevent a cockroach fumigating sprays is the most common
invasion or combat an existing infestation, method employed to control cockroaches.
but are a necessary component of any Increased public concerns regarding the
control strategy. Since most buildings safety of synthetic pesticides and their
cannot be instantly cooled or heated effect upon human health and the
to the temperatures required to kill environment, together with the increasing
o o
cockroaches (7 C or 46 C), and vacuuming problem of cockroach resistance to
them up may not appeal, the use of insecticides, have resulted in a demand
insecticidal bait gels, fumigants and for effective, environmentally positive
sprays are at present the most common methods of control.
method employed to control cockroaches. Example of insect nuisance – moth
64 Prevention involves proofing. flies or sewage filter flies (Psychoda
Cockroaches are nocturnal and they spp and Tinearia alternata (Say)
prefer warm dark spaces. Any cracks in 67 Sewage filter flies (principally
walls, floors and ceilings or inaccessible Psychoda albipennis Zetterstedt, but also
void between and behind equipment some other species of Psychoda and
should be eliminated. Tinearia alternata (Say)) belong to the
65 Eradication: It is a legal requirement family Psychodidae, commonly known
that any signs of cockroaches in a food as moth flies. They like moist, organic or
business are controlled. Various insecticides septic systems for egg laying, and are
can be used to control cockroaches. common in the vicinity of sewage works.
These are dangerous chemicals and The larvae are often considered beneficial
must be applied only by a competent as an essential part of the cycle that
professional pest control operator. breaks down waste into water-soluble
compounds. Because they tend to live
in protected places, clouds of flies might
be the first sign of infestation.
21They do not bite or sting, but can be a 69 One way of eliminating sewage filter
nuisance, flying in the eyes, mouth and flies is to clean the breeding place to
nostrils of people. Because of their points remove organic matter. For example, a
of origin, they can carry disease,although slow-moving drain can be cleaned with
actual transmission is extremely unlikely. a stiff brush or other tool. Drains that
They do not pose a contamination risk cannot be scrubbed can be rinsed with
to food. There are no objective levels water under high pressure, sterilised with
at which sewage filter flies do or may boiling water, or treated with a bacterial
cause a statutory nuisance. As a general agent to biodegrade the organic matter.
guideline, they might cause an occupier 70 Household insecticides can be used
distress if 50 or more ‘flying’ sewage to control adult sewage filter flies, but
filter flies are present in a room on three the effects will be very temporary unless
successive days, though obviously this the source of the larvae is also removed.
indication will vary and depend on such
71 It is recommended that operators of
factors as room size etc. Sewage filter flies
sewage treatment works should have
have a relatively slow breeding cycle with
systems in place for treating beds with
about eight generations a-year. Most
a larvicide where there is a risk of, or a
infestations take place during the measurable, nuisance, and checking for
summer months as the adults emerge. high concentrations of sewage filter flies.
68 Control of sewage filter flies requires The timing and dosing of the filter beds
locating and eliminating larval breeding is critical to effectiveness, and must be
sites, which may be difficult and require carefully managed to prevent the release
perseverance. One way to check potential of chemicals into waterways or an effect
individual breeding sites is to cover the on the balance of organisms in the eco-
entrance with plastic film taped to the system. In some cases it may be best to
floor or fixture. If sewage filter flies are limit treatment to knock down or
breeding there, they will accumulate surface treatments.
beneath the film within a day or two.
22Statutory Nuisance from Insects and Artificial Light
Insects emanating from filter beds are a country by two species of mosquitoes
source of food for various wild bird and of the genus Anopheles but it is
bat species, which in turn as act as a extremely unlikely.
natural means of pest control. Treatment 74 British mosquitoes can have a
at filter beds could be so effective that nuisance value. Their bites can cause
these species lose a useful source of
severe skin eruption and localised pain,
food supply.
and severe infestations can cause much
Example of insect nuisance – distress which is a valid reason for
mosquitoes (Culicidae) mosquito control. There are no objective
72 There are about 30 species of levels at which a statutory nuisance
mosquito (family Culicidae) in the UK, may or does exist. As a general guideline,
occupying aquatic habits such as coastal an occupier might feel irritation if five
salt waters, brackish inland waters, or more ‘flying’ mosquitoes are present
stagnant pools and water-filled hollows in a room for three successive days.
(including in trees and logs). There are They do not damage property or pose
four stages of life, eggs laid on water a contamination risk to foodstuffs.
which hatch within a few hours; larva 75 Prevention: Mosquito control should
and pupa that are free swimming in be aimed at both the larval and adult
water and must come to the surface stages of life cycle, although as mosquitoes
to breath; and the winged adult. do not normally rest in buildings, control
73 The British climate is not currently of adults can be impractical.
suited to the transmission of tropical 76 Larval control can be achieved through
diseases, and low fevers which can be eliminating or changing the characteristics
caused by mosquitoes in Southern and of larval sites, which might need to be
Central Europe have not been detected achieved piecemeal and over a period
here. Malaria is the only human infection of years.
known to have been transmitted in this
2377 Man-made containers of water such The technique should not be used where
as old car tyres, empty pots, open sewers rivers, watercourses (other than open
and drains containing putrid and anoxic sewers and drains containing putrid and
water should, as far as is practicable, be anoxic water), lakes or ponds may be
drained and kept empty. Water can be affected. The Environment Agency should
channelled to increase flow. Cesspools, be consulted before use, as should the
septic tanks and drains should be sealed. relevant Statutory Nature Conservation
Rainwater butts and tanks should have Agency if there is a Special Site of
close-fitting lids. Rivers, watercourses Scientific Interest in the local vicinity.
(other than those mentioned above), The technique will also affect non-target
lakes and ponds are excluded from species of insect living in the waterbody,
the nuisance definition and should not many of which are the natural predators
be drained. of the mosquito larvae. The removal of
78 Insecticides, repellents, vapourising the more long-lived predators of the
mats, mosquito coils and fly screens may mosquitoes may result in an increased
offer some personal protection from problem as the mosquitoes would be able
adult mosquitoes. to respond quickly to take advantage of the
predator-free environment. Agents need
79 Eradication: Light oil or lecithin can
to be appropriately approved as biocides.
be applied to water to reduce the surface
tension and prevent larvae from 80 Larvae can be attacked by applying
obtaining oxygen. Such agents spread formulations to larval sites which produce
readily over large areas. a crystal which breaks down into
stomach poison.
81 Adult mosquitoes can be eliminated
using ‘knock-down’ agents or residual
insecticides.
24Statutory Nuisance from Insects and Artificial Light
Environmental impact
82 Insects rarely cause a significant
health risk, and health risks where they
do or may exist, are often associated
with human habitation and waste, so
significant damage to the environment
should not be necessary. Environmental
management should be the first option.
83 Any mitigating treatment should take
account of factors including impact on
health and well being; impact on the
target and non-target species; impact on
the environment including ground and
water source contamination; cost;
and efficacy.
25Statutory Nuisance from Insects & Statutory Nuisance from Artificial Light
Artificial Lighting
Likely sources of artificial The term candela (cd) or (Kcd = 1000 cd)
light statutory nuisance. is by itself a measure of light intensity.
84 In order to understand what may Whether this light ‘intensity’ is seen as
be termed a statutory nuisance in glare or not depends on the surrounding
lighting, an understanding of some ‘luminance’, as can be noted when
lighting terminology is required: comparing a road lighting luminaire or
floodlight lit during the day and again
Light (or luminous flux) is a type
at night.
of radiation and forms part of the
electromagnetic spectrum visible to 85 Local authorities have a duty to
the eye. It is measured in lumens (lm) take reasonable steps, where practicable,
(N.B. not ‘watts’, which is only a measure to investigate any complaints of artificial
of electrical consumption). light nuisance; it is expected that the
following sources will generate most
The amount of light falling on a surface
complaints:
is known as illuminance and is measured
in lumens per square metre or lux. • Domestic security lights
While ‘illuminance’ is easy to calculate • Commercial security lights
and measure and is therefore widely • Healthy living and sports facilities
used, the eye does not see illuminance, (see below)
but rather the light radiated or reflected
• Domestic decorative lighting
off a surface which is known as
luminance, or brightness. It is measured • Exterior lighting of buildings and
2
in candelas per square metre (cd/m ) and decorative lighting of landscapes
if the surface is glossy, can differ with • Laser shows / sky beams / light art
the angle of view.
86 Christmas lights may also be the
subject of complaint, and could be
covered by statutory light nuisance,
although this seems unlikely given
their duration.
2787 We anticipate that much artificial They can, nevertheless, cause adverse
light nuisance will be caused by excessive affects and are discussed in more detail
levels of illuminance and glare, which is under ‘Streetlights’ below.
inappropriate to its need and which has
Statutory nuisance from artificial
been poorly designed, directed, operated
light and light pollution
and maintained. Simple remedies, such
as re-aiming or screening, should be 90 Artificial light nuisance may be,
sufficient in many cases and, although but is not necessarily, the same as light
light nuisance is not a matter of light pollution. Artificial light nuisance is a
levels per se, light meters are available source of light that in the opinion of a
and affordable for taking measurements trained public health professional, who
in order to quantify the scale of the makes an assessment on a case by case
possible nuisance. basis, interferes with someone’s use of
their property, and / or is or might be
88 Efficient and high-quality lighting prejudicial to someone’s health. Light
installations that help people to see pollution could be defined as any form
where they are going and bring security of artificial light which shines outside the
to both themselves and their property area it needs to illuminate, including light
can be designed so as to produce that is directed above the horizontal into
minimal impact on the environment. the night sky creating sky glow (which
The management and maintenance of impedes our views of the stars), or which
such lighting that limits both glare and creates a danger by glare. Although light
dark shadows is also essential for pollution might affect the aesthetic
people with a visual impairment. beauty of the night sky and interfere with
89 We also anticipate a number of astronomy, it is not necessarily also a
complaints on streetlights. However, statutory nuisance. The statutory nuisance
these are not likely to qualify as artificial regime is not an appropriate tool with
light statutory nuisance as they are which to address light pollution per se.
unlikely to be located on ‘premises’.
28Statutory Nuisance from Insects and Artificial Light
Domestic security lights intent, to hide in or behind. Lighting
91 Those aggrieved by a neighbour’s that is shielded or angled down can
lighting should be encouraged to speak actually improve rather than compromise
to their neighbour first where possible, security. There are agreed Standards
perhaps with the aid of a mediation service. for lighting levels, some of which are
Mediation UK (www.mediationuk.org.uk) listed at the end of this document.
may be able to advise. • Special optics or ‘double asymmetric’
92 Inappropriate lighting can cause glare luminaires – which are designed to
and dark shadows which may adversely ensure full flow of light over the lit area
affect drivers, cyclists and other road from each floodlight – can be aimed
users, including pedestrians, and people facing downwards while still spreading
with a visual impairment. Bad lighting light over a wide distance (the lamp is
can also produce shadows for those with usually fitted close to the back edge of
criminal intent to hide in or behind. the unit, not in the middle). The reflector
Many cases of artificial light nuisance can becomes less visible to onlookers resulting
be solved through simple engineering in low glare to the surrounding locality.
techniques and consideration of function • A separate switching detector can be
and effect. For example: used on some models to sense the
• The minimum level of illumination movement of intruders on the property.
necessary to light a property should be Luminaires and detectors should be
used. Relatively high-powered lights are aimed to detect and light people on
rarely necessary in domestic situations the property, not people or animals
and, besides wasting energy and walking down the street. If lights detect
money, can cause glare, which can everything that moves, they will switch
adversely affect road users or other on and off repeatedly and could be
passers-by. Excessive levels of a source of statutory nuisance.
illumination provide dark shadows for
people, including those with criminal
29• Timers adjusted to the minimum can and what is not. It might be reasonable
reduce the operation of the light. to expect a complainant to use curtains
• Bulkhead or porch lights are cheaper or blinds of everyday standard if they
than security lights, use less energy, and are bothered by unwanted light in their
have reduced glare so there are fewer home. It might not be reasonable to
shadows for those with criminal intent require a complainant to purchase and
to hide in. Movement detectors on install blackout hangings which might be
these lights are generally mounted expensive, and/or impair that person’s
lower and so are less susceptible to enjoyment of his property. Few would
nuisance switching on and off. However, wish to have their curtains drawn on a
they tend, because they are lower, to hot summers night. It is not reasonable
be aimed more horizontally, capture to leave the solution and cost of
movement over a wider range, and abatement to the complainant rather
if not located with care can be than the perpetrator.
interfered with. 94 Technical parameters on obtrusive
• Vegetation may help screen the light lighting, formulated by the International
at certain times of year provided the Commission on Illumination (CIE) and
movement of vegetation itself does not Institution of Lighting Engineers (ILE)
trigger light, and it does not cause from research into individual sensitivity to
a ‘high hedges’ problem. light, may be helpful in considering the
level of sensitivity that might be considered
93 It is sometimes suggested that a
that of the ‘average person’ without
complaint of artificial light nuisance could
unusual sensitivities. These parameters
easily be mitigated by the use of curtains
vary depending on whether the installation
or blinds, even blackout curtains or
is in town or country (there are four
blinds, by the complainant. It is for the
suggested environmental zones), and
Environmental Health Practitioner to
there is a suggested curfew time of
exercise discretion over what is reasonable
23.00 after which lighting levels should
30Statutory Nuisance from Insects and Artificial Light
be further restricted. However, there permission. Planning Policy Statement 23
are no objective levels at which artificial provides guidance for such applications,
light does or does not constitute a and can also be used when considering
statutory nuisance. lighting schemes for new buildings.
95 It is sensible for abatement notices to Planning policy falls within the remit of
be ‘simple’, requiring abatement and the Office of the Deputy Prime Minister.
non-recurrence within a specified timescale. 100 Premises or apparatus used for the
If the abatement notice is too detailed, it provision of electronic communication
could be that the terms of the abatement services need adequate lighting for
notice may be fulfilled whilst the nuisance operation and security purposes, to
remains unabated. ensure the safety of their staff, and
96 A list of useful sources of further to protect the integrity of the
information and useful practical advice telecommunications network. Statutory
on the positioning of external lighting is nuisance law recognises the need for
listed at the end of this guidance. industry to be able to carry out its usual
functions without being compromised
Commercial security lights by inadequate security lighting. That
97 Lighting used on commercial need is protected by the defence of
premises will be subject to the same ‘best practicable means’.
controls as apply to domestic premises,
i.e. it will be for the local authority to
Exterior lighting of buildings
decide whether the lighting amounts and landscapes
to a statutory nuisance. 101 Exterior lighting to enhance the
appearance of buildings, monuments,
98 Commercial premises are more likely
trees and other civic features increasingly
than domestic premises to use lighting
impacts on the street scene. Such
which makes a material change to the
installations can enhance and add
external façade of the building. It may
interest to the surrounding environment
therefore be subject to planning
31provided they are properly designed. Such Streetlights
lighting systems should not be used also 103 Streetlights are not specifically
to provide e.g. street lighting and should exempt, but because of their location are
generally be switched off overnight, unlikely to qualify, as generally speaking
following an agreed curfew time. they are not found on ‘premises’. It is,
Laser shows, sky beams, light art however, acknowledged that streetlights
can have adverse affects on the
102 In order to constitute an existing or
local community.
potential statutory nuisance, laser shows,
sky beams and light art would have 104 Local authorities have a duty under
materially to affect someone’s use of his section 17 of the Crime and Disorder Act
home and / or actually or potentially his 1998 to exercise their functions with due
health, assuming normal sensibilities. regard to the likely effect on crime and
Local authorities already have the means disorder in their areas, and to do what
to deal with nuisance lighting and are they reasonably can to prevent crime and
accountable to those within their areas. disorder. Local authorities already have
Local authorities should do their best to the means to deal with nuisance street
ensure that lighting under their control lighting and are accountable to those
does not cause problems to the local within their areas. Local authorities
community. Local authorities should also should do their best to ensure that
take into account whether laser shows / streetlights under their control do not
beams etc are a sustainable or wasteful cause problems to the local community.
use of energy. The Government expects The Government expects local authorities
local authorities to take reasonable steps to take reasonable steps to investigate
to investigate and, where appropriate, and, where appropriate, resolve problems
resolve problems as a matter of good from streetlights as a matter of good
practice and consideration for the local practice and consideration for the local
environment and the community to environment and the community to
which they are accountable. which they are accountable.
32Statutory Nuisance from Insects and Artificial Light
105 The Government supports good 107 Guidance has been published by the
design, installation and maintenance Department for Transport and also the
practice to minimise problems Institution of Lighting Engineers to help
where possible. reduce light pollution and sky glow
106 New technologies now allow much generally, and to promote good practice
finer control of light distribution and for street lighting maintenance. As most
reduced light directed towards the sky. street lighting is alight throughout the
Beneficial lighting can be achieved that night, the obtrusive light levels to be
is fit for purpose, provided roads are adhered to should be those given for all
appropriately rather than over classified, night, i.e. after curfew. In addition, the
and which minimises the impact on the Government’s ‘Lighting in the Countryside:
environment through using modern light Towards good practice’ includes street
sources in combination with luminaires lighting, and is applicable to towns as
designed to appropriate, not unnecessarily well as country. The Government will
high, lighting levels. The simply use continue to work with the appropriate
of front and / or back shields can improve organisations to promote good practice
illumination on the road whilst reducing in design, installation and maintenance
intrusion elsewhere. £300 million in to minimise problems where possible.
Private Finance Initiative credits were
made available to local authorities
outside London in 2003/04 to help
modernise street lighting. A further
£85 million in Private Finance Initiative
credits is being made available for local
authorities in London for this purpose in
addition to the support available through
the Revenue Support Grant.
33Licensed premises Lighting in the Countryside
108 Guidance issued by the Department 110 The 1998 Transport White Paper
for Culture, Media and Sport under A New Deal for Transport – Better for
section 182 of the Licensing Act 2003 Everyone stated that ‘where lighting
advises that licensing authorities and is essential, it should be designed in
responsible authorities should consider such a way that nuisance is reduced
the impacts of licensed premises on those and the effect on the night sky in the
living in the vicinity, mainly concerning countryside minimised’. Exterior lighting
noise nuisance, light pollution, noxious in rural areas can have a particular impact.
smells and litter. The Guidance advises 111 Lighting in the Countryside:
that lighting outside premises should be Towards Good Practice is accessible
installed in a way that balances the need free of charge at www.odpm.gov.uk/
to prevent crime and disorder while planning// litc/index.htm (under Planning
having consideration for those living Advice and Guidance). This document
in the vicinity. Many licensed premises continues to be a valuable guide for
use decorative floodlighting to draw local authorities, highways planners and
attention to their premises. Where engineers, and members of the public.
possible premises should use carefully It demonstrates what can be done to
installed downlighting rather that lessen the adverse effects of external
uplighting, which can be both glaring lighting, including street lighting.
and wasteful of light into the sky. The advice is applicable in towns as
109 Licensed premises and licensing well as the countryside.
authorities will also want to consider
any lighting schemes with regard to
potential action under the statutory
nuisance regime. As business premises,
licensed premises will have the defence
of best practicable means.
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