A block of apartments was built on the site next to my property. What had previously been the driveway of a single dwelling running along the side of my property is now the vehicular and pedestrian entrance to this site with streetlights on each side. There is a high level of light spillage into my garden, with most of it now permanently lit at night. Do I have any right to request measures be taken to reduce the impact on my property (such as light shields or reduced wattage) and, if so, how would I go about this?
Aisling Keenan writes: The impact of the light spillage into a neighbouring garden in what seems to be described here as an urban environment is a consequence of the redevelopment of this vehicular and pedestrian entrance. What should be considered among many factors is what was contained in the planning permission for the redevelopment of the site next to your property which included changes to the driveway.
It is normal that issues such as the ultimate use of the driveway would be considered at planning permission stage, and it would be important to establish if there is compliance with the planning permission.
If the lighting that is in place is much higher in wattage or coverage than it should be then it may be a simple job to have this reduced
In the event that the driveway does comply with the planning permission, you could approach the management company of the apartment block and discuss if it would be possible to make any changes to the lights. When it comes to the wattage and coverage of the lights which is measured by unit of lux, is the existing light meeting the required standard? The National Standards Authority of Ireland (NSAI) publishes the standards for external lighting installations. If the lighting that is in place is much higher in wattage or coverage than it should be then it may be a simple job to have this reduced by agreement between yourself and the management company.
You may be able to agree with the management company about installing light shields and also to check and see if light shields were part of the planning permission.
Your right to request measures to be taken to reduce the impact may depend on whether the existing light fittings and the light from them comply with the planning permission granted or if they are of a different type and the cause of this problem.
Although the planning permission may not specify the light measurement, the impact of the redevelopment on neighbouring properties should be considered at some stage and it would be worth investigating this further to establish what rights you may have in this regard. If it stated that the lighting should be low lights fitted into the walls along the entrance instead of streetlights, then you may have the right to insist on this and seek to have the street lights changed to low lights.
Aisling Keenan is a property managing agent and consultant and an associate member of the Society of Chartered Surveyors Ireland, scsi.ie
