Dear Mr Knappitt

  Thank you for your letter of 20 March to Michael Meacher about light pollution. Your letter has been passed to me for reply, I hope the following general remarks are helpful.

  During the passage of the Environmental Protection Act 1990, Parliament considered whether the definition of statutory nuisance should be widened to include nuisance from external lighting. It was concluded that statutory nuisance legislation was not necessarily the most appropriate way of dealing with this problem. At the same time, the Government undertook to consult on the adequacy of existing planning controls over external lighting. The consultation produced a muted response and little enthusiasm for new planning control.

  The Courts have ruled that light itself is not "development", as understood in planning law. Nor would there be any universally feasible means of assessing it for enforcement purposes. However, where there is a proposal for which a planning application is required, the local planning authority has the power to control many sorts of installation by imposing planning conditions so that "light pollution" of the night sky would be either prevented or minimised. Planning conditions cannot be imposed retrospectively, but local planning authorities do have enforcement powers where a condition is not complied with. As you are already aware, generally speaking, the adverse effects of lighting can be mitigated by improved lighting technology, design, siting and installation.

  Given the difficulties of bringing lighting further under the control of the planning system, our approach has been to control it by giving advice and guidance. PPG17 "Sport and recreation" gives guidance on floodlighting. Although this advice is given for organised outdoor leisure activities, it is also applicable to other types of development. Also, DETR and the then Countryside Commission issued "Lighting in the Countryside: Towards good practice" in 1997. The guide is concerned primarily with lighting in rural areas, but much of the advice which it contains is applicable in urban areas. Amongst other things, it contains a description of the various types of light source, their advantages and disadvantages. "Lighting in the Countryside: Towards Good Practice" is available on the DETR website at http://www.planning.detr.gov.uk/litc/index.htm. It should also be available through your local reference library. PPG17 is available from the Stationery Office, tel 0870 600 5522, option 4.

  Our view is that the present combination of planning controls and practical advice is the best way forward and we are not proposing to introduce further planning legislation in this area.

4 April 2003