Appendix
Introduction
The Government welcomes the Committee's report on
light pollution and astronomy.
The Committee's recommendations touch on the work
of several government departments and this response has been produced
jointly by the Department for Education and Skills (DfES), the
Office of the Deputy Prime Minister (ODPM), the Department for
Environment, Food and Rural Affairs (Defra), the Department for
Transport (DfT) and the Office of Science and Technology/Department
of Trade and Industry (OST/DTI), with contributions from the Particle
Physics and Astronomy Research Council (PPARC).
This joint response demonstrates how departments
can work together on a cross-cutting issue such as light pollution.
We welcome the Committee's continuing interest in
science education and share the Committee's view that astronomy
and space are areas of science that capture many young people's
imaginations.
We welcome the Committee's focus on the use of the
planning system to deal with the issue of light pollution. We
believe that the Committee's report will have helped to raise
awareness of light pollution with those responsible for making
planning decisions.
We are pleased that the Committee's conclusion that
security lighting should be designated as a potential statutory
nuisance supports the results of consultations that we have carried
out ourselves.
This note sets out the Government's response to the
Committee's recommendations and conclusions.
Amateur Astronomy in the UK
1. We conclude that there is convincing evidence
that many professional astronomers benefit from the valuable input
made to professional astronomy by the observations of amateurs.
(Paragraph 23)
The Government recognises the small but significant
contribution to research made by UK amateur astronomers. This
complements the work of professional astronomers, for example
in the discovery and monitoring of new and variable objects such
as comets, novae, and supernovae.
2. We believe that amateur and professional astronomers
have played a valuable role in the introduction of young people
into science. As Sir Patrick Moore commented "the amateur
[astronomer] of today is the professional researcher of tomorrow".
(Paragraph 27)
The Government recognises the importance of giving
young people access to scientists and of enabling scientists from
universities and industry to support teachers in their efforts
to make science relevant and exciting for young people. One way
that we demonstrate our commitment to this is through the Science
and Engineering Ambassadors Scheme, which provides opportunities
for science practitioners from industry to work with science and
design and technology students in schools.
We do also recognise the valuable role amateur and
professional astronomers can play in introducing young people
into science. This is the basis for much of PPARC's Science and
Society programme, which is used to promote science. Since 1995,
PPARC has given awards for 338 small projects and 15 large projects
that promote astronomy and particle physics to the public. In
addition PPARC has also supported professional researchers and
amateur societies in their working with the public, schools and
young people.
The study of Astronomy in the UK
3. Astronomy in the UK plays a valuable part in
supporting the work of professionals, engaging young people in
science, and producing astronomers and physicists through UK universities.
It is not good enough that PPARC and the Department for Education
and Skills had to pay for young people in schools to "book
time" on overseas telescopes to see the night sky as it should
be. (Paragraph 32)
4. Pupils should be able to study the night sky
at school primarily with the naked eye or through a telescope
rather than via a computer and the internet. (Paragraph 33)
5. There seems to be an acknowledgement within
Government that Space is a good way to engage young scientists,
but there is little real support for schools to use observing
facilities in this country. The Department for Education and Skills
should be supporting efforts to make the night sky available to
all. We regret that it is not doing so at present. (Paragraph
34)
DfES and PPARC are each investing around £600,000
over the next three years in the National Schools Observatory/Dill
Faulkes Telescope project. The project will give schools online
access to three world class research telescopes: the Liverpool
Telescope in the Canary Islands and the two Faulkes Telescopes
located in Hawaii and Australia. It will also create a whole resource
on space and astronomy with online activities linked to observing
the night sky with the naked eye and encouraging students to visit
local observatories. The opportunities presented by this project
complement the local experiences that are available to young people
to observe the night sky from the UK by the use of binoculars
and smaller telescopes. It is recognised however, that observing
in the UK is hampered by weather and light pollution.
We believe that science teaching and learning can
be enhanced by giving students access to the same cutting edge
technology as used by professional scientists. Students from different
schools will be able to observe different parts of the sky, logging
their observations to make an important contribution to astronomical
research - real science in real time.
PPARC also funds space science projects for young
people through its Science and Society Awards Schemes. It has
funded the schools' programmes of the University Observatories'
and the Astronomical Societies' work with teachers and young people,
and has occasionally supported schools' own projects. Additionally
PPARC's Astronomy and Technology Centre in Edinburgh holds regular
public observing sessions, or so-called 'star parties'.
The Government agrees with the Committee that the
study of space plays an important role in enthusing more young
people to study science subjects post-16 and that both amateur
and professional astronomers have an important role to play in
this. DfES is working closely with colleagues at the British National
Space Centre (BNSC) and PPARC to explore ways in which we can
enable teachers to use the excitement of space to inspire their
students about science and involve them in cutting edge research
on space and astronomy.
As a starting point, the BNSC partnership and PPARC
have produced an excellent set of education resources on Mars
Express and the Beagle 2 Lander. These education materials were
launched by Charles Clarke and Lord Sainsbury. They are linked
to the National Curriculum and will enable science teachers to
explore with their students the science and technology behind
this ground breaking event for UK science.
6. We regret that PPARC and the Government have
adopted a defeatist attitude towards light pollution and astronomy
in the UK. There are substantial numbers of amateur astronomers,
astronomy undergraduates and postgraduates and professional astronomers
observing in the UK. Amateur and professional astronomers have
undertaken a dual role of showing and explaining the night sky
to students, pupils and the general public, whilst campaigning
for the last ten years to prevent further degradation of the night
sky. It is time they receive support from PPARC and the Government.
(Paragraph 40)
7. There is a real opportunity of using the enthusiastic
astronomy community to increase the numbers of school pupils taking
astronomy and continuing into physics. PPARC and DfES together
should bring to bear more pressure on ODPM and DEFRA to find a
way to protect the skies, particularly around those observatories
who work with local schools. (Paragraph 41)
The Government recognises the adverse effect that
light pollution has on amateur astronomy and the public's enjoyment
of the night sky and the potential impact it may have on education.
The government departments with responsibility for planning and
lighting, namely ODPM, Defra and DfT, are aware of the issue and
are considering measures to alleviate the problem - as described
later in this note. PPARC is also willing to play its part in
advising government departments on the benefits of reducing light
pollution given its international experience with its own telescopes
overseas. The Government's general policy on light pollution is
that such issues are most appropriately dealt with by: raising
awareness of the consequences of badly installed lighting; providing
guidance on how those problems might be mitigated; and encouraging
more effective use of planning powers.
What is light pollution?
8. Reducing the amount of electricity used to
provide safe and effective levels of lighting for homes, streets
and public buildings must be a priority for the Government. (Paragraph
55)
The Government is committed to the position set out
in the Energy White Paper. It expects households to account for
saving around 5 million tonnes carbon a year by 2010 and a further
4-6 million metric tonnes of carbon (MtC)/yr by 2020. By 2010
the Government expects a 6 MtC/yr saving to come from efficiency
improvements in businesses and the public sector and believes
that these sectors can deliver a further 4-6 MtC/yr by 2020.
The Government recognises that lighting is a key
area where energy could be used more efficiently. For example,
street lighting accounts for a significant proportion of the energy
used by highway authorities, as discussed further in our response
to recommendation 17.
Measures already in place have put the government
on track to deliver the 6 MtC/yr savings required from business
and the public sector by 2010 and to deliver 1.5 MtC/yr of the
savings from residential energy efficiency required by that date.
The White Paper sets out a wide range of proposals to go further
and to deliver the remaining 3.5 MtC/yr from households required
by 2010. Although no targets have been set for contributions from
individual measures and technologies, it is anticipated that an
extra 100 million energy saving lights, beyond the 60 million
already anticipated by 2005, could be installed by 2010, saving
0.5MtC/yr.
The Government has undertaken to publish an implementation
plan early in 2004 setting out how it will deliver the energy
efficiency strategy set out in the White Paper. The Government
will then report annually on progress towards achieving the savings
they have set out. The Government is also committed to reviewing
the Climate change Programme in 2004, providing an opportunity
to review progress and to strengthen measures, if it is thought
necessary to keep it on track towards it's goal of a 20% reduction
in carbon dioxide emissions below 1990 levels by 2010.
9. The adverse effects of light pollution on energy
consumption are both undisputed and a source of much disquiet
and annoyance for large parts of the population. The Government
fails to take the issue seriously and does not consider light
pollution in its full context—with its effect on everyone.
(Paragraph 57)
The Government notes the Committee's evidence that
energy could be saved if unnecessary commercial and domestic lighting
were switched off and street lighting changed. This is why Government
activity focuses on changing behaviours through awareness raising,
upgrading existing public lighting where practicable and the use
of the planning regime or issuing of guidance to address light
pollution. Furthermore, the Government does take light pollution
seriously as evidenced by the actions detailed elsewhere in this
note.
Evidence of deterioration
10. We are disappointed by the inconsistent approach
by the Government on the issue of light pollution. We hope that
the more realistic attitude adopted by Lord Rooker is the true
reflection of the Government's approach. The Government should
not dismiss the compelling evidence of the satellite images of
the United Kingdom, which clearly show an increase in light pollution
in both rural and urban areas. (Paragraph 67)
Not just a UK problem
11. Those who have spent a lifetime studying the
night sky have charted its deterioration and have now joined forces
with environmental campaigners, astronomers in other countries,
and also with those members of the general public, increasing
in numbers, who have experienced the adverse effects of the increasingly
badly lit environment. We are in no doubt that light pollution
is getting worse. We recommend that the Government acknowledge
this fact and give a commitment to taking serious action to tackle
this problem, as other governments have proved it is possible
to do. (Paragraph 70)
The Government recognises there has been an increase
in light pollution as a result of external lighting used for a
wide range of purposes. The satellite photographs are indicative
of this although we note that there is some doubt about the magnitude
of the increase, and the amount due to light emitted directly
upward. As the Campaign to Protect Rural England's report 'Night
Blight!' acknowledges, the light recorded by the satellite imagery
is a combination of directly emitted light and light reflected
from illuminated surfaces such as roads. Changes in the periods
when lighting is in use will also be recorded and may be contributing
to the increase.
The need for lighting
12. We consider that whilst the role of efficient
and well positioned street lighting in reducing accidents has
been proven, the evidence relating to the correlation between
lighting and crime is not conclusive. This link is outwith the
remit of our inquiry, but is an area that merits further research.
We look forward to seeing what new evidence the Government has
received on the role of lighting in the reduction of crime when
its good practice guidance "planning out crime" is published
later this year. However, we believe that the impact of lighting
on crime should be only one of a number of factors that is considered
in the determination of Government policy on lighting. (Paragraph
74)
The Good Practice Guide to planning out crime, which
will be published early in 2004, aspires to be an evidence-based
approach to demonstrate how the planning system has helped to
deliver sustainable environments. However, in doing so it recognises
that the evidence is not always clear-cut and there are tensions
between what is best for crime prevention and what would be best
for other concerns of sustainable development. Therefore the guide—including
the section on lighting—builds from an understanding of
the principles of crime reduction and good design, and provides
pointers on to how these principles may be applied to suit the
local context.
The main evidence used in the lighting section of
the guide is a 2002 research study prepared for the Home Office—Effects
of improved street lighting on crime: a systematic review
(Farrington D & Welsh B, 2002). This study indicated
that improved lighting had a greater impact on crime reduction
than CCTV.
Street lighting
13. We welcome the fact that both the Department
of Transport and the Highways Agency have given due consideration
to the issue of light pollution. The Highways Agency has shown
forward thinking in its gradual replacement of luminaires, and
in giving environmental considerations top priority. It should
be congratulated for its work with the lighting industry and with
the Department for Transport's Lighting Board, to improve the
efficiency of lighting throughout the UK. It should continue to
work with local authorities to "spread the word" about
light pollution and the benefits of High Pressure Sodium lighting.
We look forward to viewing the results of various research projects
into the effect of light pollution that the Agency has contributed
to. (Paragraph 82)
The Government welcomes the Committee's acknowledgement
of the Department for Transport's and the Highways Agency's consideration
of the issues of light pollution. For the motorway and trunk road
network, the operation of which has been delegated to the Highways
Agency, the aim is to further reduce light pollution through the
steady replacement of low-pressure sodium lighting by better controlled
light sources, utilising latest viable technology. This will be
achieved as lighting is renewed.
The Highways Agency will continue to liaise with
local authorities through its work with the UK Lighting Board,
and other groups where local authorities are represented. It will
also share the results of its own research projects aimed at further
reducing light pollution and energy consumption. It will also
look to reduce daytime visual/ environmental impact, and question
convention.
The UK Lighting Board provides a forum for the Department
for Transport, the Highways Agency, and the devolved administrations
in Scotland, Wales and Northern Ireland and London to develop
and promulgate good lighting practice in conjunction with local
authorities, the lighting industry and the lighting profession
through the Institution of Lighting Engineers (ILE).
14. The Government must act now to ensure that
every local authority about to invest in new street lighting is
well informed of the properties of modern luminaires and the issues
of light pollution. If the Highways Agency, backed by the Department
of Transport, has taken a policy decision to use high pressure
sodium lighting, with full cut off and shallow bowl luminaires
in its own replacement of street lighting, then the Government
should issue clear guidance to local authorities that these types
of lighting are believed to be the most suitable lights available
at this time. British Standards codes of practice and guidance
should be updated accordingly. (Paragraph 88)
15. Firm guidance and direction must come from
the Government on this issue. Relying on piecemeal guidance, published
some years ago, to inform important local decisions such as the
replacement of the street lighting systems is not an acceptable
attitude from the Government which is spending £380 million
on this project. (Paragraph 89)
We believe there is a good level of understanding
of light pollution by lighting engineers in local authorities.
When authorities are installing new street lighting, they will
generally look towards specifying high pressure sodium lighting
with good light control.
The Government does not set standards for lighting
on local roads; that is for British Standards. But the Government
does expect published British Standards for road lighting to be
followed. Development of British Standards, or the UK's input
to the development of European or International standards, is
through the British Standards Institution (BSI). BSI is a Royal
Charter body and is independent of Government but it acts as the
UK's national standards body and indeed is one of the world's
leading standards bodies.
Standards are developed in technical committees,
whose membership is voluntary. BSI is careful to ensure that the
composition of such committees impartially reflects the interests
of stakeholders including, in particular, of business and the
relevant government department(s). Delegations from the national
committees then represent in the UK in the wider European or international
fora. The standards themselves are agreed through a process of
consensus
Publication of a European Standard for road lighting
is imminent and a revision of the British Standard should follow.
The European Standard is expected to include classifications for
installed lighting equipment with restrictions on the amount of
light emitted directly upward.
Sound guidance exists on measures to minimise light
pollution, including the ILE's guidance notes and 'Lighting in
the Countryside'. The Government accepts that the latter is not
recent, although the advice and guidance is still valid. The response
to recommendation 22 refers to consideration being given to updating
it
16. Local authorities which have not already invested
in new lighting must be strongly advised to install High Pressure
Sodium lighting, the design of which should be shallow bowl or
fully cut off lighting as appropriate. Local authorities should
also be required to follow ILE and CIE guidelines when deciding
where to install Full Cut Off lighting, with an obligation to
protect observatories, dark rural areas and parkland within their
jurisdiction. (Paragraph 90)
The Government cannot require local authorities to
follow guidelines and advice; that would need regulation. It is
for local authorities to follow guidelines and advice depending
on the local circumstances and in accordance with their general
responsibilities and duties. In practice we believe there is a
good understanding within local authorities, the lighting industry,
and the lighting profession, of the causes of light pollution
and the solutions.
An important source of guidance is the ILE's 'Guidance
Notes for the Reduction of Light Pollution'. The notes provide
sound guidance on good practices to reduce light pollution including
using full cut off lighting. Recommendations are included for
light limitation in different types of environments including
intrinsically dark areas such as National Parks.
We believe this and similar good practice guidance
are generally followed by local authorities when new or replacement
street lighting is being considered. As a result, we do not believe
regulation is necessary
17. We remain unconvinced that modernising street
lighting alone will bring significant energy savings, but with
pressure from Government, the lighting industry will respond to
the need to provide more energy efficient and less light polluting
luminaires. Whilst energy saving targets are important, the Highways
Agency and local authorities must ensure that luminaires under
their control only direct light where it is needed in order to
start a trend in the reduction of light pollution. (Paragraph
91)
All highway authorities should be seeking to reduce
energy usage and costs. As street lighting accounts for a significant
proportion of the energy used by authorities, it should be readily
identified as an area subject to examination for cost reduction.
But the general replacement of low pressure sodium
light sources by high pressure sodium units does not naturally
help this process. Although low pressure sodium sources lead to
less efficient optical performance, it is a more energy efficient
source than others which do allow better light control in lighting
equipment designs.
We must be realistic, therefore, in expectations
for both improved street lighting quality, reduced light pollution,
and energy reduction. In many cases it may be possible to reduce
the intensity of street lighting and obtain resulting reductions
in the amount of energy used. But this must not be to the extent
that the lighting fails to perform as intended in aiding movement
for all road users, reducing accidents, and helping to create
an environment that is pleasant, interesting and safe.
Better light control, the avoidance of over-lighting,
and good design generally should at the very least mean that improved
lighting quality need not increase energy costs.
For their roads, the Highways Agency will be looking
towards the use of modern technology and the consideration of
'switch on' times and 'minimum necessary' lighting levels to reduce
further the energy consumption of its road lighting installations.
Experience leading to changes and improvements in operating practices
will be shared with other highway authorities.
The Highways Agency is already acting to direct light
only where it is needed. We expect other highway authorities to
take similar action when they are replacing lighting. The Government's
provision of PFI credits for street lighting modernisation is
aiding this process.
Other main causes
18. It is clear that there are significant potential
energy savings to be made in the area of security lighting by
reducing the amount of light pollution emitted from them. (Paragraph
94)
The Government is committed to improving energy efficiency,
as described in our response to recommendations 8 and 9. To promote
this policy, the Government funds the Energy Savings Trust and
the Carbon Trust:
The Energy Saving Trust provides advice and assistance
to householders and small businesses through its funding of Energy
Efficiency Advice Centres, and provides guidance on domestic and
external lighting through its Energy Efficiency Best Practice
in Housing Programme.
The Carbon Trust, via the action energy programme,
works with businesses and the public sector to encourage energy
efficiency through the identification of energy saving opportunities
and help with the production of strategies for reduced energy
consumption. It also produces best practice guidance on a range
of subjects including external lighting.
19. Whilst it is possible to angle 500w security
lights correctly, we consider that for normal domestic purposes,
they are energy-inefficient and liable to cause a nuisance. (Paragraph
96)
The Government funds programmes to develop a high
quality evidence base that supports policy development on neighbour,
neighbourhood and environmental nuisance issues in the UK. The
Defra Environmental Protection Newsletter 2003-4 invited contractors
to bid for projects including one that would focus on the control
of nuisance from security lighting
This particular piece of research aims to assess
the level of complaints made to local authorities on security
lighting and whether any distinctions on types of complaint can/should
be drawn between decorative, amenity and security lighting. The
research may also investigate factors such as the levels of illumination
at which the effect might reasonably be considered intrusive,
and the practicalities of measuring the intrusion caused by external
artificial lighting. Defra expects to award the contract shortly
and the research will run for eight months. Defra aims to publish
the leaflet at the end of 2004.
20. Whilst it is commendable that retailers have
considered the issue of light pollution, leaflets inside the packaging
of security lights will not alert customers to the benefits of
a less powerful light before they decide which security light
to buy. Providing the Institution of Lighting Engineer's Guidance
on security lighting, or a version thereof, alongside the displays
of security lighting would greatly assist the customer. However,
it will not prevent incorrect installation of lights. Only legislation
either banning the sale of 500w lights as security lighting, or
the designation of light as a potential statutory nuisance will
ensure that householders suffering from their neighbour's overspill
of light have a remedy: we favour the control of obtrusive light
through statutory nuisance legislation. (Paragraph 98)
The Government is aware that in recent years there
has been a proliferation of security lighting, both in relation
to domestic and commercial properties. Providing that the security
systems are correctly installed and well maintained they should
not be intrusive to neighbouring properties. Therefore we do not
believe that there is a case for banning the sale of security
lights to the public. However, we do recognise that some security
lighting may be of poor standard and may be incorrectly installed,
thereby causing a nuisance.
To help deal with the growing problems caused by
security lighting we are considering producing an advisory leaflet
on the design, installation and maintenance of security lighting,
which will provide advice on how to avoid creating this type of
intrusion. The ILE already produces a valuable leaflet that contains
helpful advice to homeowners. The Government believes a greater
awareness and consideration between neighbours is required and
are hoping that the ILE will assist in the development of a new
Defra leaflet on external (security and garden) lighting as part
of the Defra funded research project mentioned in our response
to recommendations 18 and 19.
In October 2002, Defra issued a broad consultation
'Living Places—Powers, Rights, Responsibilities', which
considered a range of local environment issues including security
lighting (issue F4 in the document). The majority of respondents
to this section of the consultation, felt that the solution to
nuisance lighting was not to regulate the positioning of the lighting,
but for Environmental Health Officers to be given powers to deal
with any resulting nuisance caused by the lighting under the existing
statutory nuisance regime, Part III of the Environmental Protection
Act 1990. It was generally felt that the local authority should
be given the power to issue abatement notices against nuisance
from security lighting, in a similar manner to its existing powers
to control noise. Non-compliance would trigger an additional power
to intervene and take remedial action, which could be supported
by a voluntary agreement and Code of Practice guidelines.
Defra's next step is to formally respond to the recommendations
made in the public consultation. This is planned for 2004 and
will be available on the Defra website.
21. Those responsible for floodlighting buildings
and sports facilities and those companies lighting car parks should
consider whether there is any need for lighting after 11pm or
midnight. We recommend that, when giving planning permission to
plans for new buildings with floodlighting, new floodlighting
systems or new car parks, local authorities should impose conditions
relating to the type of lights that are appropriate, how they
should be positioned and the timing of the lighting to ensure
it is not obtrusive to those around it and that it does not contribute
to energy wastage. (Paragraph 103)
The Town and Country Planning Act 1990 (as amended)
allows local planning authorities in England to impose reasonable
conditions on any planning consent they grant. Similar arrangements
apply in the devolved administrations, which have responsibility
for their own planning legislation. The Government recognises
that conditions represent an important way in which local planning
authorities can influence the design of lighting installations
and mitigate their negative impacts, and it encourages local authorities
to use them for this purpose.
Government guidance in 'Lighting in the Countryside'
includes advice on the use of planning conditions in relation
to lighting, as well as providing an example of a standard condition
for sports floodlighting. The Government is considering drawing
up model planning conditions for minimising the potential adverse
effects of external lighting and including them in the list of
model conditions in a future version of the conditions circular.
Current government guidance on light pollution
22. We recommend that the Government update "Lighting
in the Countryside" to take into account its relevance to
urban authorities and, bearing in mind the imminent investment
by local authorities into street light replacement, republish
and circulate the document accordingly. (Paragraph 108)
The Government is pleased to note the Committee's
view that 'Lighting in the Countryside' could be usefully updated.
Respondents to section F4 of the recent Defra public consultation
'Living Places—Powers, Rights, Responsibilities' reported
how useful current guidance in 'Lighting in the Countryside' is,
but also stressed the need for it to be updated
The guidance was originally produced by the Countryside
Commission, forerunner to the Countryside Agency (CA). Defra notes
that DfT recommends the guidance as good lighting practice for
all areas, not just rural areas. This will be made clear when
the guidance is next updated. A review of the technical advice
will need to be undertaken to ensure that the latest technical
developments are incorporated along with the inclusion of the
latest examples of best practice. Defra is liaising with CA, ODPM
and DfT as to how to take this forward.
Planning guidance
23. Planning guidance on light pollution to local
authorities lacks coherence and force. Light pollution is not
tackled head on in any PPG. The response from the local authorities
to those seeking protection from light nuisance is uneven and
usually unhelpful. (Paragraph 116)
How local governments can use the current guidance
to prevent light pollution
24. There are too many local planning authorities
which have not taken the issue of light pollution seriously and
have not included light pollution in their local plans. The Government
must take steps to rectify this. It should have a clear policy
on when Full Cut Off lighting should be used, and we recommend
that this policy is communicated to local authorities. (Paragraph
123)
The need for a new PPG on light pollution
25. The Government should create a new Planning
Policy Guidance (PPG) on Light Pollution as soon as possible and
ensure that all local authorities are made aware of their obligation
to include lighting in their local development plans. Local authorities
must be obliged to request lighting schemes from those seeking
planning permission for new developments, or changes to existing
schemes. Lighting schemes must only include lights that do not
shine above the horizontal. The new PPG should refer local authorities
to the Institution of Lighting Engineers "Guidelines for
the Reduction of Light Pollution" and the Department for
the Environment's "Lighting in the Countryside" and
publications by the International Commission on Illumination for
further guidance. (Paragraph 127)
Can light pollution be subject to statutory enforcement?
28. We conclude that the problem of light pollution
can be alleviated without the need for scientific measurement
of sky glow. Sky glow is just one of three types of light pollution,
the cause of which is well known, and is clearly visible—particles
in the air and light shining above the horizontal. Light shining
above the horizontal should be tackled directly by controls on
the direction, position and type and duration of lighting, guidance
on which should be included in the PPG on light pollution we have
recommended. (Paragraph 145)
The Government's Planning Statement 'Sustainable
Communities: Delivering through planning', published in July 2002,
said that existing Planning Policy Guidance (PPG) notes would
be replaced with new Planning Policy Statements (PPS). The aim
is to set out national planning policies for England more clearly
than at present, reduce the volume and to include policy messages
in only one PPS rather than repeating them in many (although cross
referral may be needed).
The Government will take this opportunity to update
its advice on the desirability of minimising light pollution and
the tools by which this can be achieved. However, introducing
a new Planning Policy Statement entirely devoted to light pollution
would not meet its aim of reducing the volume of national planning
guidance. The Government is looking at the form that guidance
could take and
is considering providing an annex to PPS23, Planning and Pollution
Control, specifically on light pollution. Such an approach will
send a clear signal to local planning authorities that they should
take the issue of light pollution as seriously as they do other
types of pollution when considering planning applications.
The Government will work with stakeholders to consider
what might be included in this annex, such as the use of full
cut off lighting, which would then be the subject of wider consultation.
PPS23 is due to be published early in 2004 and the annex will
follow it, once the work with stakeholders and the consultation
is complete. The
annex would have the same status as the parent PPS, and would
be a material consideration in the preparation of regional spatial
strategies and local development documents, and in the consideration
of planning applications.
Current guidance in PPG12, Development Plans, identifies
light pollution as one of the possible environmental considerations
that should be taken into account when drawing up development
plans and 'Lighting in the Countryside' recommends the inclusion
of policies on external lighting in development plans. However,
the Government recognises that at present not all local authorities
have such policies, which can be a key tool for development control
and can help ensure that lighting impacts are prevented or minimised.
Without prejudging the consultation on the light pollution annex
to PPS23, the Government would like to see advice that all local
authorities should include policies within their development plans
on external lighting.
The shortfalls on current planning guidance and
implementation
26. The Government should afford special protection
to observatories, for the same reasons that the UK Government
supports the protection of UK funded observatories in the Canary
Islands. Local authorities should be obliged to consult on planning
applications for developments in the vicinity of observatories,
which should be able to object if the development is likely to
affect their observations. Observatories would be able to register
with their local authority for protection, showing their active
membership or links with local schools as evidence of their importance
to the community. (Paragraph 133)
The Government will consider this recommendation
further as part of the proposed work on the annex to PPS23 on
light pollution. This work will need to be clear about what can
be defined as an observatory and what is the appropriate definition
of vicinity.
However, the General Development Procedure Order
1995 (as amended) already requires that local authorities in England
take into account all representations received, within a prescribed
period, when determining an application for planning permission.
Where an adopted or approved development plan contains
relevant policies, section 54A of the Town and Country Planning
Act 1990 (as amended) requires that an application for planning
permission shall be determined in accordance with the plan, unless
material considerations indicate otherwise. If a development plan
had policies on mitigating the negative effect of external lighting,
and/or the protection of observatories from light pollution, then
representations raising concern about light from a proposed development
would be likely to carry more weight.
27. We disagree that light pollution is less serious
than the issue of Leylandii. Light pollution is not only detrimental
to the science of astronomy, but it is wasteful of energy and
causes distress to many individuals. (Paragraph 136)
Can light pollution be subject to statutory enforcement?
29. Light trespass and glare affects astronomers,
but it can also affect us all. We are persuaded by the evidence
that light trespass is measurable and controllable. We recommend
that obtrusive light should be made a statutory nuisance. (Paragraph
146)
The Government takes all nuisance issues seriously.
Such pollutants as smoke, gas, odours, dust and unwanted noise
are already controlled under the statutory nuisance regime of
the Environmental Protection Act 1990. Light pollution is a relatively
new phenomenon, and we are considering how best to tackle this
issue.
As discussed earlier, under recommendation 20, the
recent Defra consultation paper 'Living Places—Powers, Rights,
Responsibilities' looked at making external lighting (other than
street lights) a statutory nuisance. If this were to be implemented,
one of the challenges would be to design a feasible means of assessing
external light for statutory planning control purposes. It is
possible to measure light intensity, both in the laboratory when
designing equipment, and in principle, in the field. However,
in both cases instruments need to be calibrated and the use of
field instruments and the interpretation of their results is far
from straightforward. The respondents to the consultation felt
there was a need for robust guidance on measurement and assessment
on nuisance lighting and it should not rely on subjective judgment
by an Environmental Health officer or street lighting engineer.
Defra is actively considering how to take these comments forward
and will publish its response to the public consultation in 2004.
How other jurisdictions have legislated against
light pollution
30. Other countries have used restrictions on
the type and duration of lighting permissible in an attempt to
control light pollution. Measurement of light emission is only
used in the most heavily regulated areas. We believe that the
Government should monitor the situation in the UK carefully over
the next five to ten years. Should the creation of a statutory
nuisance of light, a separate PPG for light pollution and enhanced
guidance to local authorities on the issue of light pollution
not produce a reduction of the current levels of skyglow, the
Government must consider adopting similar legislation to other
countries, to control the types of outside lighting used, and
to ensure that no outdoor lighting shines above the horizontal.
The Government must recognise, as other countries have, that the
night sky needs protecting. (Paragraph 153)
The initiatives and measures that we outline above
demonstrate that the Government recognises that the night sky
needs protecting and is committed to mitigating the adverse effects
of artificial lighting. We believe that, by working together,
government departments and stakeholders will be able to strengthen
existing control in a practical way without the need to introduce
additional planning legislation. At the same time we are actively
considering whether nuisance caused by light might be dealt with
under the statutory nuisance regime.
Conclusion
31. We consider that the astronomical community
in this country is a particularly strong one and that it should
be encouraged by the Government. Amateur astronomers not only
support major professional projects through day to day observations,
but also donate much of their time to introducing the general
public and young people to the night sky, astronomy and through
that initial interest, very often into a physics career. (Paragraph
156)
32. If we are to invest heavily in observatories
abroad, we must also invest in the young scientists of today who
will work in La Palma, Hawaii, Australia and Chile in the future.
It is worth protecting the night sky for the use of astronomy
pupils and students, amateurs and professional astronomers alone.
However, Professor Sir Martin Rees provided an analogy when he
pointed out that we may not all be ornithologists but we would
miss the song birds in our gardens. (Paragraph 157)
33. The Government may not consider the effect
of light pollution on astronomy in the UK to be a pressing issue,
but amateur astronomers have taken on the issue on behalf of those
who mourn the loss of the night sky, not only astronomers but
also the general public, and those affected by the unwelcome intrusion
of light. If the Government accepts this Report's recommendations
it will start the process of reducing light pollution. In 20 years
time it might then be possible for young people studying astronomy
to see the Milky Way in the UK night skies once more. (Paragraph
158)
The Government endorses the Committee's observations
that amateur astronomers can make a valuable contribution to the
work of professional astronomers, and that astronomy and space
can be used to stimulate young people's interest in science. We
recognise that light pollution has had adverse effects on observing
the night sky and that there are many people who find some night
lighting an unwelcome intrusion. We have explained in this note
our policies for enhancing young people's experiences of astronomy
and for tackling the issue of light pollution.
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