Dáil Éireann Debate, Tuesday - 16 December 2014
354. Deputy Jim Daly asked the Minister for Justice and Equality the options available in respect of a person (details supplied) who is being disturbed by excessively strong lights shining on the property from a neighbouring property; and if she will make a statement on the matter. [47747/14]
Amharc ar fhreagraAs the Deputy will appreciate, I am not in a position in my capacity as Minister for Justice and Equality to give advice in relation to a specific case.
I am informed by my colleague, the Minister for the Environment, Community and Local Government that there is no environmental legislation at either EU or national level on light pollution. However, it appears that some steps have been taken at national level to help alleviate the effects of light pollution. Ireland's regulations on environmental impact assessment of projects which are likely to have significant effects on the environment require such an impact statement to include an estimate of expected residues and emissions from the operation of the proposed development. This requirement expressly covers impacts from artificial lighting. While a limited number of planning authorities have included objectives in relation to the minimisation of light pollution in their development plans, it is open to authorities to address this issue in the context of providing for the proper planning and sustainable development of their areas through their development plans.
In specific cases in which excessively strong light from external sources represents a substantial interference with the enjoyment of property, it may, depending on the specific circumstances, be possible to seek a remedy under the tort of nuisance. I would, however, strongly recommend that parties in such cases engage in a process of mediation as a means of arriving at a mutually acceptable outcome.
