Option A: Remove some or all of the exemptions (except lighthouses)
The relevant premises with the exception of lighthouses would come into the statutory nuisance regime.
All premises under review with the exception of prisons would be able to use best practicable means as grounds of appeal against an abatement notice. This should allow these premises to continue to operate safely.
Prisons are not industrial, trade or business premises and would therefore not be able to use the best practicable means defence.
Q.1 Do you think that all the exemptions should be removed (except lighthouses)?
If nuisance is caused to neighbouring properties by the lighting, Environmental Health Departments would have a more effective method of
minimising or even stopping the nuisance than is available to them now.
Q.2 Do you think airports should retain their exemption?
See answer to Q.1.
The answers to Q.3 to Q.9 inclusive are the same as in Q.2.
Q.4 Do you think railways premises should retain their exemption? Why?
Q.5 Do you think tramway premises should retain their exemption? Why?
Q.6 Do you think a bus station and any associated facilities should retain their exemption? Why?
Q.7 Do you think public service vehicle operating centres should retain theirexemption? Why?
Q.8 Do you think goods vehicle operating centres should retain their exemption? Why?
Q.9 Do you think prisons should retain their exemption (given that they would not be able to use best practicable means as grounds of appeal against an abatement notice)? Why?
Option B: Do nothing
This option would mean that there were no changes to the current exemptions and the current system would remain the same.
Q.10 Do you agree with the option of do nothing?
The answer is given in Q.1.
These questions are included to gather other relevant information from stakeholders on the current exemptions.
NORA has no data to offer on these questions.
Q.11 Do you have any data on artificial light complaints made against exempt premises (either directly to the premises or via the local authority)?
Please provide details.
Q.12 Do you have any data on the potential costs to premises operators if the exemptions were to be removed? Please provide details.
Q.13 Do you have any data on the potential costs to local authorities if theexemptions were to be removed? Please provide details.
Q.14 Do you have any data on the potential benefits to operators, local authorities or local residents if the exemptions were to be removed?
Please provide details.
16 January 2012
Alan B Shrank - NORA chairman